Common use of Waivers; Amendment Clause in Contracts

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 16 contracts

Sources: Superpriority Debtor in Possession Credit Agreement (Great Atlantic & Pacific Tea Co Inc), Pledge Agreement (Alamosa Holdings Inc), Credit Agreement (Alamosa Holdings Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Collateral Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 15 contracts

Sources: Credit Agreement (Trimas Corp), Credit Agreement (Telecorp PCS Inc), Credit Agreement (Shared Technologies Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent Secured Parties in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Secured Parties hereunder and of the other Secured Parties under the other Loan Documents Purchase Agreement are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement Agreement, the Purchase Agreement, the Notes or the other Transaction Documents or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements, in writing entered into between by the Collateral Agent Secured Parties and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit AgreementGrantor.

Appears in 12 contracts

Sources: Security Agreement (Silver Star Energy Inc), Security Agreement (Interlink Global Corp), Security Agreement (Verticalnet Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent of any in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or and consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 12 contracts

Sources: Term Loan Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp), Revolving Credit Agreement (Deltic Timber Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent Secured Party in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any STOCK PLEDGE AGREEMENT other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Secured Party hereunder and of the other Secured Parties under the other Loan Documents STID are cumulative and are not exclusive of any rights or remedies that they Secured Party would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between the Collateral Agent by Secured Party and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to applyPledgor, subject to any consent required in accordance with Section 9.02 of the Credit AgreementSTID.

Appears in 11 contracts

Sources: Stock Pledge Agreement (Marconi Corp PLC), Stock Pledge Agreement (Marconi Corp PLC), Stock Pledge Agreement (Marconi Corp PLC)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 11 contracts

Sources: Security Agreement (Huntsman Packaging of Canada LLC), Security Agreement (Alamosa Properties Lp), Security Agreement (Western Auto Supply Co/)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 9.08 of the Credit Agreement.

Appears in 11 contracts

Sources: Credit Agreement (Shared Technologies Inc), Credit Agreement (Intersil Holding Co), Pledge Agreement (Ryder TRS Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor the Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor the Guarantor in any case shall entitle such Pledgor the Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent Guarantor and the Pledgor or Pledgors Collateral Agent, with respect to which such waiver, amendment or modification is to apply, subject to any the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 11 contracts

Sources: Credit Agreement (Shared Technologies Inc), Credit Agreement (Jafra Cosmetics International Sa De Cv), Parent Guarantee Agreement (Wright Medical Group Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral by any Agent or Lender in exercising any right or power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Agents and the Lenders hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section 14, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between the Collateral Administrative Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 10.02 of the Credit Agreement.

Appears in 10 contracts

Sources: Credit Agreement (Molson Coors Brewing Co), Subsidiary Guarantee Agreement (Molson Coors Brewing Co), Credit Agreement (Molson Coors Brewing Co)

Waivers; Amendment. (a) No failure or delay of by the Collateral Administrative Agent or any Lender in exercising any right or power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent and the Lenders hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section 14, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between the Collateral Administrative Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 10.02 of the Credit Agreement.

Appears in 10 contracts

Sources: Subsidiary Guarantee Agreement (Molson Coors Beverage Co), Subsidiary Guarantee Agreement, Credit Agreement (Molson Coors Brewing Co)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or and consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 6 contracts

Sources: Revolving Credit Loan Agreement (American Healthways Inc), Revolving Credit Loan Agreement (American Healthways Inc), Credit Agreement (Harland John H Co)

Waivers; Amendment. (a) No failure or delay of by the Collateral Agent or any Lender in exercising any right, power or right remedy hereunder or under any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Collateral Agent and the Lenders hereunder and of the other Secured Parties under the other Loan Credit Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Credit Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section 5.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Credit Party or Pledgors Credit Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 10.8 of the Credit Agreement.

Appears in 6 contracts

Sources: Second Lien Credit and Guaranty Agreement (Lannett Co Inc), Pledge and Security Agreement (Lannett Co Inc), Pledge and Security Agreement (Lannett Co Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Guaranteed Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 6 contracts

Sources: Incremental Term Loan Agreement (Rayonier, L.P.), Incremental Term Loan Agreement (Rayonier Inc), First Amendment and Restatement Agreement (Rayonier Inc)

Waivers; Amendment. (a) No failure or delay of by the Collateral Agent Agent, the Trustee or any Holder in exercising any right or power hereunder or right hereunder under any other Notes Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Agent, the Trustee and the Holders hereunder and of the other Secured Parties under the other Loan Notes Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section 6.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Grantor in any case shall entitle such Pledgor any Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit AgreementIndenture.

Appears in 6 contracts

Sources: Collateral Agreement (American Media Inc), Collateral Agreement (American Media Inc), Collateral Agreement (Ami Celebrity Publications, LLC)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 9.08 of the Credit Agreement.

Appears in 6 contracts

Sources: Security Agreement (Bremen Bearings Inc), Security Agreement (Cross Country Inc), Security Agreement (Neenah Foundry Co)

Waivers; Amendment. (a) No failure or delay of by the Collateral Agent or any other Secured Party in exercising any right or power hereunder or right hereunder under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the other Secured Parties under the other Loan Documents Indenture are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section 7.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Grantor in any case shall entitle such Pledgor any Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 Article 9 of the Credit AgreementIndenture.

Appears in 6 contracts

Sources: Pledge and Security Agreement (Sabre Corp), Pledge and Security Agreement, Pledge and Security Agreement (Sabre Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent of any kind in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor the Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) below, and then such waiver or and consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor the Guarantor in any case shall entitle such Pledgor the Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantor with respect to which such waiver, amendment or modification is to apply, subject to any consent required relates and the Administrative Agent in accordance with Section 9.02 10.01 of the Credit Agreement.

Appears in 5 contracts

Sources: Guaranty Agreement (ONEOK Partners LP), Guaranty Agreement (Oneok Inc /New/), Guaranty Agreement (ONEOK Partners LP)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Guaranteed Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) . Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 5 contracts

Sources: Guarantee Agreement (Rayonier, L.P.), Credit Agreement (Rayonier, L.P.), Credit Agreement (Rayonier Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent Lender in exercising any power or right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Lender hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they it would otherwise have. No waiver of any provisions provision of this Agreement or any other Loan Document or consent to any departure by the Borrower or any Pledgor other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor the Borrower in any case shall entitle such Pledgor the Borrower to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent Borrower and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit AgreementLender.

Appears in 5 contracts

Sources: Credit Agreement, Credit Agreement, Credit Agreement

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Subsidiary Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Subsidiary Guarantor in any case shall entitle such Pledgor Subsidiary Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Subsidiary Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Collateral Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 5 contracts

Sources: Credit Agreement (Phillips Van Heusen Corp /De/), Subsidiary Guarantee Agreement (Telemundo Holding Inc), Subsidiary Guarantee Agreement (Telemundo Holding Inc)

Waivers; Amendment. (a) No failure or delay of by the Collateral Agent or any Secured Party in exercising any right or power hereunder or right hereunder under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the other Secured Parties under the other Loan Documents Indenture are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section 6.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Grantor in any case shall entitle such Pledgor any Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 Article 9 of the Credit AgreementIndenture.

Appears in 5 contracts

Sources: Pledge and Security Agreement (Sabre Corp), Pledge and Security Agreement (Sabre Corp), Pledge and Security Agreement (Sabre Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties Collateral Agent, the Administrative Agent and the Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 5 contracts

Sources: u.s. Security Agreement (1295728 Alberta ULC), Security Agreement (MTS Inc), Security Agreement (Marketing Services Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent by any Guaranteed Party in exercising any right or power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Guaranteed Party hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Holdings therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section 11, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Holdings in any case shall entitle such Pledgor Holdings to any other or further notice or demand in similar or other circumstances. (b) Neither Except as expressly provided in Section 19, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between the Collateral Administrative Agent and the Pledgor or Pledgors Holdings with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 4 contracts

Sources: Revolving Credit Agreement (Uber Technologies, Inc), Revolving Credit Agreement (Uber Technologies, Inc), Revolving Credit Agreement (Uber Technologies, Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent by any Secured Party in exercising any right, remedy, power or right privilege hereunder or under any other Notes Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right right, remedy, power or power, or any abandonment or discontinuance of steps to enforce such a right or power, privilege hereunder preclude any other or further exercise thereof or the exercise of any other right right, remedy, power or powerprivilege. The rights rights, remedies, powers and remedies privileges of the Collateral Agent hereunder and of the other Secured Parties herein provided, and provided under the each other Loan Documents Notes Document, are cumulative and are not exclusive of any rights or remedies that they would otherwise haverights, remedies, powers and privileges provided by law. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section 6.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither Subject to the terms of any applicable Intercreditor Agreement, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Notes Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit AgreementIndenture.

Appears in 4 contracts

Sources: Security Agreement (Medline Inc.), Security Agreement (Medline Inc.), Security Agreement (Medline Inc.)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to (i) any consent required in accordance with Section 9.02 10.02 of the Credit Agreement and (ii) the limitations in the Intercreditor Agreement.

Appears in 4 contracts

Sources: Canadian Pledge Agreement (Pliant Corp), Domestic Pledge Agreement (Pliant Corp), Pledge Agreement (Pliant Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Collateral Agent, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 4 contracts

Sources: Credit Agreement (SCG Holding Corp), Guarantee Agreement (Semiconductor Components Industries LLC), Guarantee Agreement (American Media Operations Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties Collateral Agent, the Administrative Agent, the Issuing Bank and the Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 4 contracts

Sources: Security Agreement (Semiconductor Components Industries LLC), Security Agreement (Psinet Inc), Security Agreement (Semiconductor Components Industries LLC)

Waivers; Amendment. (a) No failure or delay of by the Collateral Administrative Agent or any Lender in exercising any right or power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent and the Lenders hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor the Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section 11, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor the Guarantor in any case shall entitle such Pledgor the Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between the Collateral Administrative Agent and the Pledgor or Pledgors Guarantor with respect to which such waiver, amendment or modification is to apply, subject to any the consent required in accordance with Section 9.02 of the Credit AgreementRequired Lenders.

Appears in 4 contracts

Sources: Credit Agreement (NEWMONT Corp /DE/), Credit Agreement (Newmont Mining Corp /De/), Term Loan Credit Agreement (Newmont Mining Corp /De/)

Waivers; Amendment. (a) No failure or delay of the ------------------- Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Western Auto Supply Co/), Pledge Agreement (Advance Stores Co Inc), Pledge Agreement (Laralev Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor in any case shall entitle such Pledgor or any other Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 3 contracts

Sources: Pledge Agreement (Constar Inc), Pledge Agreement (Constar International Inc), Pledge Agreement (Constar International Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Credit Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph clause (b) below), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 9.08 of the Credit Agreement.

Appears in 3 contracts

Sources: Nonrecourse Pledge Agreement (Hudson Respiratory Care Inc), Pledge Agreement (Hudson Respiratory Care Inc), Pledge Agreement (Century Maintenance Supply Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Financing Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Financing Document or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor in any case shall entitle such Pledgor or any other Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent (as directed by the Requisite Obligees specified in the U.S. Intercreditor Agreement) and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Crown Holdings Inc), Shared Pledge Agreement (Crown Holdings Inc), Pledge Agreement (Crown Holdings Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor in any case shall entitle such Pledgor or any other Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent (as directed by the Requisite Obligees under the U.S. Intercreditor Agreement) and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Crown Holdings Inc), Bank Pledge Agreement (Crown Holdings Inc), Bank Pledge Agreement (Crown Holdings Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 9.01 of the Credit Agreement.

Appears in 3 contracts

Sources: Pledge Agreement (Dirsamex Sa De Cv), Credit Agreement (Jafra Cosmetics International Sa De Cv), Pledge Agreement (Jafra Cosmetics International Sa De Cv)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 10.02 of the Credit Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Trimas Corp), Canadian Pledge Agreement (Pliant Corp), Pledge Agreement (Pliant Corp)

Waivers; Amendment. (a) No failure or delay on the part of the Collateral Agent Trustee to exercise and no delay in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Trustee and the Secured Creditors hereunder and of the other Secured Parties under the other Loan Transaction Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Transaction Document or consent to any departure by any the Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any the Pledgor in any case shall entitle such the Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent Trustee and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to applyPledgor, subject to any consent required in accordance with Section 9.02 of the Credit AgreementTransaction Documents.

Appears in 3 contracts

Sources: Parent Pledge Agreement, Issuer Pledge Agreement (Shaw Group Inc), Pledge Agreement (Shaw Group Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent of any kind in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) below, and then such waiver or and consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 3 contracts

Sources: Subsidiary Guaranty Agreement (Easylink Services International Corp), Subsidiary Guaranty Agreement (Stanley, Inc.), Revolving Credit Agreement (Priority Healthcare Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Transaction Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor and Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor and Guarantor in any case shall entitle such Pledgor and Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor and Guarantor or Pledgors and Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 Article 10 of the Credit AgreementIndenture.

Appears in 3 contracts

Sources: Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc), Pledge Agreement (Memc Electronic Materials Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement Guaranty or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement Guaranty nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent Guarantors and the Pledgor Administrative Agent (with the consent of the Lenders or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent the Required Lenders if required in accordance with Section 9.02 of under the Credit Agreement).

Appears in 3 contracts

Sources: Guaranty Agreement (Gentiva Health Services Inc), Guaranty Agreement (Gentiva Health Services Inc), Guaranty Agreement (Gentiva Health Services Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent or Lenders of any kind in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent and L▇▇▇▇▇▇ hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they it would otherwise have. No waiver of any provisions provision of this Agreement Guaranty or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) below, and then such waiver or and consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement Guaranty nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between (i) the Collateral Administrative Agent and (ii) the Pledgor or Pledgors Guarantor with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreementrelates.

Appears in 3 contracts

Sources: Guaranty (Greystone Housing Impact Investors LP), Guaranty (Greystone Housing Impact Investors LP), Guaranty (Greystone Housing Impact Investors LP)

Waivers; Amendment. (a) No failure or delay of by the Collateral Agent in exercising any right, power or right remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they it would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section 10, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Bank in any case shall entitle such Pledgor any Banks to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Grantor, the Bank and the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Mac-Gray Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any the Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Pledgor in any case shall entitle such the Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to applyPledgor, subject to any consent required in accordance with Section 9.02 9.08 of the Credit Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Tel Save Holdings Inc), Pledge Agreement (Tel Save Holdings Inc), Pledge Agreement (Tel Save Holdings Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other New Secured Parties Parties, under the other Loan New Debenture Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any New Debentures Document or consent to any departure by any Pledgor the Grantors therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor the Grantors in any case shall entitle such Pledgor the Grantors to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 3 contracts

Sources: Security Agreement (Kruttschnitt Theodore H Iii), Securities Purchase Agreement (Exchange Applications Inc), Security Agreement (Insight Venture Partners Iv Lp)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Guarantee Agreement or consent to any departure by any Pledgor the Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor the Guarantor in any case shall entitle such Pledgor the Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Guarantee Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantor with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Securities Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor in any case shall entitle such Pledgor or any other Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 2 contracts

Sources: Pledge Agreement (Consolidated Communications Texas Holdings, Inc.), Pledge Agreement (Consolidated Communications Illinois Holdings, Inc.)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 2 contracts

Sources: Guarantee Agreement (Convergys Corp), Guarantee Agreement (Convergys Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any the Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any either Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 10.02 of the Credit Agreement.

Appears in 2 contracts

Sources: Pledge Agreement (Colonial Downs, LLC), Pledge Agreement (Colonial Downs, LLC)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between USR, the Collateral Agent Guarantors and the Pledgor or Pledgors Administrative Agent (with respect to which such waiver, amendment or modification is to apply, subject to any the consent of the Required Lenders if required in accordance with Section 9.02 of under the Credit Agreement).

Appears in 2 contracts

Sources: Credit Agreement (Smith & Wesson Holding Corp), Guaranty Agreement (Smith & Wesson Holding Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Reimbursement Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 8.09 of the Credit Reimbursement Agreement.

Appears in 2 contracts

Sources: Pledge Agreement (Memc Electronic Materials Inc), Reimbursement Agreement (Memc Electronic Materials Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent Lender in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Lender hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they which it would otherwise have. No waiver of any provisions provision of this Agreement or any other Loan Document or consent to any departure by any Pledgor the Borrower therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor the Borrower in any case shall entitle such Pledgor the Borrower to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent Borrower and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit AgreementLender.

Appears in 2 contracts

Sources: Term Loan Agreement, Term Loan Agreement (Weyerhaeuser Co)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Administrative Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to applyrelates, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 2 contracts

Sources: Pledge Agreement (Seagate Technology PLC), Pledge Agreement (Seagate Technology)

Waivers; Amendment. (a) No failure or delay of the Euro Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Euro Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor in any case shall entitle such Pledgor or any other Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Euro Collateral Agent (as directed by the Requisite Obligees under the Euro Intercreditor Agreement) and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Crown Holdings Inc), Pledge Agreement (Crown Holdings Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Guaranteed Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement Guaranty or consent to any departure by any Pledgor the Company therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor the Company in any case shall entitle such Pledgor the Company to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement Guaranty nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent Company and the Pledgor or Pledgors Administrative Agent (with respect the consent of the Lenders to which such waiver, amendment or modification is to apply, subject to any consent the extent required in accordance with Section 9.02 of under the Credit Agreement).

Appears in 2 contracts

Sources: Guaranty (WEX Inc.), Guaranty (Wright Express CORP)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Administrative Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 10.02 of the Credit Agreement.

Appears in 2 contracts

Sources: Pledge Agreement (Jupitermedia Corp), Pledge Agreement (Jupitermedia Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Reimbursement Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Collateral Agent, subject to any consent required in accordance with Section 9.02 8.09 of the Credit Reimbursement Agreement.

Appears in 2 contracts

Sources: Guarantee Agreement (Memc Electronic Materials Inc), Reimbursement Agreement (Memc Electronic Materials Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Trimas Corp), Credit Agreement (Trimas Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Subsidiary Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Subsidiary Guarantor in any case shall entitle such Pledgor Subsidiary Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Subsidiary Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 2 contracts

Sources: Credit Agreement (Gartner Group Inc), Credit Agreement (Gartner Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties Collateral Agent, the Trustee and the Holders under the other Loan Indenture Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Indenture Document or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except (i) in accordance with the Indenture pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required or (ii) as otherwise provided in accordance with Section 9.02 of the Credit Intercreditor Agreement.

Appears in 2 contracts

Sources: Security Agreement (On Semiconductor Corp), Security Agreement (Reptron Electronics Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 10.02 of the Revolving Credit Agreement.

Appears in 2 contracts

Sources: Pledge Agreement (Memc Electronic Materials Inc), Revolving Credit Agreement (Memc Electronic Materials Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 9.08 of the Credit Agreement.

Appears in 2 contracts

Sources: Collateral Sharing Agreement (Constar International Inc), Collateral Sharing Agreement (Constar Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor in any case shall entitle such Pledgor or any other Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 9.08 of the Credit Agreement.

Appears in 2 contracts

Sources: Pledge Agreement (Solutia Inc), Pledge Agreement (Solutia Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 2 contracts

Sources: Guarantee Agreement (Seagate Technology), Guarantee Agreement (Aerolink International Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent of any kind in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) below, and then such waiver or and consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates, subject to any the Borrowers and the Administrative Agent, with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 2 contracts

Sources: Revolving Credit and Term Loan Agreement (PRGX Global, Inc.), Subsidiary Guaranty Agreement (PRGX Global, Inc.)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent Lender in exercising any power or right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Lender hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor the Borrower in any case shall entitle such Pledgor the Borrower to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent Borrower and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit AgreementLender.

Appears in 2 contracts

Sources: Loan Agreement (TripAdvisor, Inc.), Loan Agreement (Liberty TripAdvisor Holdings, Inc.)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent Lender in exercising any power or right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Lender hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they it would otherwise have. No waiver of any provisions provision of this Agreement or any other Loan Document or consent to any departure by any Pledgor the Borrower therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor the Borrower in any case shall entitle such Pledgor the Borrower to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent Borrower and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit AgreementLender.

Appears in 2 contracts

Sources: Loan Agreement (Thoratec Corp), Loan Agreement (HeartWare International, Inc.)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 10.08 of the Credit Agreement.

Appears in 2 contracts

Sources: Collateral Sharing Agreement (Crown Cork & Seal Co Inc), Security Agreement (Crown Cork & Seal Co Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the other Loan Credit Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Credit Document or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph clause (b) below), 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 9.08 of the Credit Agreement.

Appears in 2 contracts

Sources: Security Agreement (Century Maintenance Supply Inc), Security Agreement (Hudson Respiratory Care Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent or Lenders of any kind in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent and Lenders hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they it would otherwise have. No waiver of any provisions provision of this Agreement Guaranty or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) below, and then such waiver or and consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement Guaranty nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between (i) the Collateral Administrative Agent and (ii) the Pledgor or Pledgors Guarantor with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreementrelates.

Appears in 2 contracts

Sources: Guaranty (America First Multifamily Investors, L.P.), Guaranty (America First Multifamily Investors, L.P.)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the Collateral Agent and the other Secured Parties under the other Loan Support Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Collateral Agent, subject to any consent consents required in accordance with Section 9.02 11.02 of the Credit Collateral Agency and Intercreditor Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Leap Wireless International Inc), Guarantee Agreement (Leap Wireless International Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent Security Trustee in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Security Trustee hereunder and of the other Secured Parties under the other Loan Documents Facilities Agreement are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Pledge Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Pledge Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent Security Trustee and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to applyPledgor, subject to any consent required in accordance with Section 9.02 of the Credit Facilities Agreement.

Appears in 2 contracts

Sources: Pledge Agreement (Borse Dubai LTD), Pledge Agreement (Borse Dubai LTD)

Waivers; Amendment. (a) No failure or delay of the Collateral ------------------ Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Collateral Agent, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Western Auto Supply Co/), Guarantee Agreement (Western Auto Supply Co/)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Indenture Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except (i) in accordance with the Indenture and pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required the limitations in accordance with Section 9.02 of the Credit Intercreditor Agreement or (ii) as provided in the Intercreditor Agreement.

Appears in 2 contracts

Sources: Pledge Agreement (Pliant Corp), Pledge Agreement (Pliant Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 2 contracts

Sources: Loan Agreement (Jeffboat LLC), Pledge Agreement (Oneida LTD)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and the Lenders hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor the Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor the Guarantor in any case shall entitle such Pledgor the Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantor with respect to which such waiver, amendment or modification is to applyrelates and the Agent, subject to any with the prior written consent required in accordance with Section 9.02 of the Required Lenders (except as otherwise provided in the Amended Credit Agreement).

Appears in 2 contracts

Sources: 364 Day Competitive Advance and Revolving Credit Facility Agreement (Kansas City Southern Industries Inc), Assignment, Assumption and Amendment Agreement (Kansas City Southern Industries Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent Lender in exercising any power or right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Lender hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or any other Loan Document or consent to any departure by any Pledgor the Borrower therefrom shall in any event be effective unless the same shall be permitted by paragraph (bSection 8.07(b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor the Borrower in any case shall entitle such Pledgor the Borrower to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent Borrower and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit AgreementLender.

Appears in 2 contracts

Sources: Secured Super Priority Credit Agreement (Sco Group Inc), Secured Super Priority Credit Agreement (Sco Group Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Indenture Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Indenture Document or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to applyrelates, subject to any consent required in accordance with Section 9.02 Article 9 of the Credit AgreementIndenture.

Appears in 2 contracts

Sources: Security Agreement (DT Credit Company, LLC), Security Agreement (Seagate Technology)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent by any Guaranteed Party in exercising any right or power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Guaranteed Party hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Holdings therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) belowof this Section 11, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Holdings in any case shall entitle such Pledgor Holdings to any other or further notice or demand in similar or other circumstances. (b) Neither Except as expressly provided in Section 19, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between the Collateral Administrative Agent and the Pledgor or Pledgors Holdings with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Term Loan Agreement.

Appears in 2 contracts

Sources: Term Loan Agreement (Uber Technologies, Inc), Term Loan Agreement (Uber Technologies, Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Administrative Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required of the Requisite Lenders (except as otherwise provided in accordance with Section 9.02 of the Credit Agreement).

Appears in 2 contracts

Sources: u.s. Guarantee Agreement (Crown Holdings Inc), Guarantee Agreement (Crown Holdings Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent Trustee in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Trustee hereunder and of the other Secured Parties under the other Loan Indenture Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent Trustee and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 8.02 of the Credit AgreementIndenture.

Appears in 1 contract

Sources: Pledge Agreement (3019693 Nova Scotia U.L.C.)

Waivers; Amendment. (a) No failure or delay of by the Collateral Agent in exercising any right or power hereunder or right hereunder under any other Notes Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Notes Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) belowof this Section 5.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Grantor in any case shall entitle such Pledgor any Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit AgreementIndenture.

Appears in 1 contract

Sources: Intellectual Property Security Agreement (West Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties Collateral Agent, the Issuing Banks, the Administrative Agent and the Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor or Pledgors Grantor with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 9.08 of the Credit Agreement.

Appears in 1 contract

Sources: Security Agreement (GSV Inc /Fl/)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor Grantors therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Grantors in any case shall entitle such Pledgor Grantors to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between among the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Phillips Van Heusen Corp /De/)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Collateral Agent, subject to any consent required in accordance with Section 9.02 10.02 of the Revolving Credit Agreement.

Appears in 1 contract

Sources: Guarantee Agreement (Memc Electronic Materials Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Security Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Security Agent hereunder and of the other Secured Parties Security Agent, the Agent and the Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor or any other Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Security Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 10.05 of the Credit Agreement.

Appears in 1 contract

Sources: Pledge Agreement (Brylane Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties Creditors under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor in any case shall entitle such Pledgor or any other Pledgor to any other or further notice or demand in similar or other circumstances. (b) . Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, apply subject to any Lender consent required in accordance with Section 9.02 of under the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Crown Holdings Inc)

Waivers; Amendment. (a) No failure or delay of the ------------------- Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to apply7 relates and the Collateral Agent, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 1 contract

Sources: Guarantee Agreement (Laralev Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with 8 8 respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 9.08 of the Credit Agreement.

Appears in 1 contract

Sources: Pledge Agreement (Neenah Foundry Co)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Agreement hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other another or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 1 contract

Sources: Pledge Agreement (Huntsman Packaging Corp)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent any Holder in exercising any power or right light hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent any Holder hereunder and of the other Secured Parties or under the other Loan Documents Shelf Agreement, the Notes or this Agreement are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Subsidiary Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Subsidiary Guarantor in any case shall entitle such Pledgor Subsidiary Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect Subsidiary Guarantors to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of relates and the Credit AgreementRequired Holders.

Appears in 1 contract

Sources: Multi Currency Note Purchase and Private Shelf Agreement (Waters Corp /De/)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Grantor in any case shall entitle such Pledgor Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances. (ba) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between by the Collateral Agent and the Pledgor Grantor or Pledgors Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 10.02 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Trimas Corp)

Waivers; Amendment. (a) No failure or delay of the ------------------- Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Collateral Agent, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 1 contract

Sources: Guarantee Agreement (Advance Stores Co Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between Borrower, the Guarantors and the Collateral Agent and (with the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent of the Lenders if required in accordance with Section 9.02 of under the Credit Agreement).

Appears in 1 contract

Sources: Guaranty Agreement (Barrington Quincy LLC)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor or any other Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Agent, subject to any with the prior written consent required in accordance with Section 9.02 of the Credit Requisite Lenders (except as otherwise provided in the Loan Agreement.)

Appears in 1 contract

Sources: Guarantee Agreement (1295728 Alberta ULC)

Waivers; Amendment. (ai) No failure or delay of the Collateral Agent Agents in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Agents hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor or any other Guarantor to any other or further notice or demand in similar or other circumstances. (bii) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written an agreement or agreements in writing entered into between among the Collateral Agent Borrower, the Agents and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Polymer Group Inc)

Waivers; Amendment. (a) No failure or delay of the Euro Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Euro Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or any other Loan Document or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, 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 any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Euro Collateral Agent (as directed by the Requisite Obligees under the Euro Intercreditor Agreement) and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of the Credit Agreement.

Appears in 1 contract

Sources: Pledge Agreement (Crown Holdings Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Guarantor in any case shall entitle such Pledgor Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Collateral Agent, subject to with any consent required in accordance with under Section 9.02 of the Credit Agreement.

Appears in 1 contract

Sources: Guarantee Agreement (Fleming Companies Inc /Ok/)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other First Priority Secured Parties under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject (other than in the case of any Schedule hereto) to any consent required in accordance with Section 9.02 10.08 of the Credit Agreement and the Intercreditor Agreement.

Appears in 1 contract

Sources: First Lien Revolving Credit and Guaranty Agreement (Delta Air Lines Inc /De/)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent or any of the Pledgors in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and the Pledgors hereunder and of the other Secured Parties Obligees under the other Loan Credit Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor in any case shall entitle such Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 9.08 of the Credit Agreement.

Appears in 1 contract

Sources: Pledge Agreement (Cross Country Inc)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the other Secured Parties under the other Loan Indenture Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provisions of this Agreement or consent to any departure by any the Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Pledgor in any case shall entitle such the Pledgor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors with respect to which such waiver, amendment or modification is to applyrelates, subject to any consent required in accordance with Section 9.02 Article 9 of the Credit AgreementIndenture.

Appears in 1 contract

Sources: Pledge Agreement (DT Credit Company, LLC)

Waivers; Amendment. (a) No failure or delay of the Collateral Agent any Lender in exercising any right, power or right remedy hereunder shall operate as a waiver wavier thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Collateral Agent any Lender hereunder and of the other Secured Parties under the other Loan Documents Credit Agreement are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise haveprovided by law or otherwise. No waiver of any provisions provision of this Agreement or consent to any departure by any Pledgor Subsidiary Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Pledgor Subsidiary Guarantor in any case shall entitle such Pledgor Subsidiary Guarantor to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to a written agreement entered into between the Collateral Agent and the Pledgor or Pledgors Subsidiary Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 9.02 of relates and the Credit AgreementRequired Lenders.

Appears in 1 contract

Sources: Subsidiary Guarantee Agreement (Skyline Multimedia Entertainment Inc)