Common use of Waivers; Amendment Clause in Contracts

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 17 contracts

Sources: Security Agreement (Liftoff Mobile, Inc.), Security Agreement (Liftoff Mobile, Inc.), Security Agreement (Liftoff Mobile, Inc.)

Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any Secured Party in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Collateral Agent and the Secured Parties herein provided, hereunder and provided under each the other Loan Document, Credit Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor Credit Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.02Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, no extension of credit by any Secured Party under the making of a Loan, the issuance of a Letter of Credit Agreement or the provision of services under Treasury Services Agreements or Secured Hedge Agreements otherwise shall not be construed as a waiver of any Defaultdefault hereunder, regardless of whether the Collateral Agent or any Secured Party may have had notice or knowledge of such Default default at the time. No notice or demand on any Credit Party in any case shall entitle such Credit Party 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 an agreement or agreements in writing entered into by the Collateral Agent and the Grantor Credit Party or Grantors Credit Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of under the Credit Agreement.

Appears in 7 contracts

Sources: Reaffirmation Agreement (Goodyear Tire & Rubber Co /Oh/), Credit Agreement (Goodyear Tire & Rubber Co /Oh/), Reaffirmation Agreement (Goodyear Tire & Rubber Co /Oh/)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements Cash Management Obligations or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 4 contracts

Sources: Security Agreement, Credit Agreement (Summit Materials, LLC), Security Agreement (B&H Contracting, L.P.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 4 contracts

Sources: Security Agreement (Vivint Smart Home, Inc.), Credit Agreement (APX Group Holdings, Inc.), Security Agreement (APX Group Holdings, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to the Collateral and Guarantee Requirement and any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 4 contracts

Sources: Security Agreement, Security Agreement (Global Eagle Entertainment Inc.), First Lien Security Agreement (Global Eagle Entertainment Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder privilege, or any abandonment or discontinuance of steps to enforce such rights, remedies, powers or privileges hereunder, preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements Cash Management Obligations or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 3 contracts

Sources: u.s. Security Agreement (Gates Global Inc.), u.s. Security Agreement (St. Augustine Real Estate Holding LLC), Security Agreement (Phoenix Consulting Group, LLC)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor Holdings therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements Cash Management Obligations or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyHoldings, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 3 contracts

Sources: Pledge Agreement, Pledge Agreement (SeaWorld Entertainment, Inc.), Pledge Agreement (SeaWorld Entertainment, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party to exercise, and no delay by any such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the Revolving Loan or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Loan Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither Subject to the Intercreditor Agreement, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 12.1 of the ABL Credit Agreement.

Appears in 3 contracts

Sources: Credit Agreement (Chinos Holdings, Inc.), Credit Agreement (J Crew Group Inc), Guaranty (J Crew Group Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party to exercise, and no delay by any such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the Revolving Credit Loan or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default or Event of Default at the time. No notice or demand on any Loan Party in any case shall entitle any Loan Party 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 an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 2 contracts

Sources: Guaranty (Par Pharmacuetical, Inc.), Guaranty (BioArray Solutions LTD)

Waivers; Amendment. (a) No failure by any Lender, any L/C Issuer, the Collateral Agent or the Administrative Agent to exercise, and no delay by any Secured Party such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which givenlaw. Without limiting the generality of the foregoing, the making of a Loan, the Loan or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 11.01 of the Credit Agreement.

Appears in 2 contracts

Sources: Security Agreement (Everi Holdings Inc.), Security Agreement (Everi Holdings Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise or power, or any abandonment or discontinuance of any steps to enforce such righta right or power, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Secured Parties herein provided, hereunder and provided under each the other Loan DocumentDocuments, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a LoanLoan or the issuance, the issuance amendment, renewal or extension of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 9.02 of the Credit Agreement.

Appears in 2 contracts

Sources: Security Agreement, Security Agreement (Tradeweb Markets Inc.)

Waivers; Amendment. (a) No failure or delay by of the Agent or any other Secured Party in exercising any right, remedy, power or privilege right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Agent hereunder and of the other Secured Parties herein provided, and provided under each the other Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any Grantor the Assignor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had No notice or knowledge of such Default at demand on the timeAssignor in any case shall entitle the Assignor 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 an a written agreement or agreements in writing entered into by the Collateral Assignor and the Agent, with the prior written consent of the Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 holders of the Credit AgreementNotes; provided, however, that except as provided herein or in the other Loan Documents, no such agreement shall amend, modify, waive or otherwise adversely affect a Secured Party's rights and interests in any material amount of the Collateral without the prior written consent of such Secured Party.

Appears in 2 contracts

Sources: Security Agreement (Americold Corp /Or/), Security Agreement (Americold Corp /Or/)

Waivers; Amendment. (a) No failure or delay by any Secured Party Lender in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of Lender hereunder and under the Secured Parties herein provided, and provided under each other Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.029.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loan shall not be construed as a waiver of any Default, regardless of whether any Secured Party Lender may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any other Loan Document nor any provision hereof or thereof may be waived, amended or modified except except, in the case of this Agreement, pursuant to an agreement or agreements in writing entered into by Borrower and Lender or, in the Collateral Agent case of any other Loan Document, pursuant to an agreement or agreements in writing entered into by Lender and the Grantor Loan Party or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit AgreementLoan Parties that are parties thereto.

Appears in 2 contracts

Sources: Credit Agreement (Mindspeed Technologies Inc), Credit Agreement (Mindspeed Technologies Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.026.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 2 contracts

Sources: Security Agreement (La Quinta Holdings Inc.), Security Agreement (La Quinta Holdings Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties provided herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor Springleaf therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loan shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applySpringleaf, subject to any consent required in accordance with Section 10.01 11.01 of the Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Springleaf Finance Corp), Credit Agreement (Springleaf Finance Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit Loan or the provision of services under Treasury Services Agreements Cash Management Obligations or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) . Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Vivint Solar, Inc.), Credit Agreement (Vivint Solar, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Indenture Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder privilege, or any abandonment or dis continuance of steps to enforce such rights, remedies, powers or privileges hereunder, preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Indenture Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. , No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loan shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 Article 9 of the Credit AgreementIndenture.

Appears in 2 contracts

Sources: u.s. Second Lien Notes Security Agreement (Gates Global Inc.), u.s. Second Lien Notes Security Agreement (Gates Engineering & Services FZCO)

Waivers; Amendment. (a) No failure or delay by any on the part of the Secured Party in exercising any right, remedy, power or privilege remedy hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedypower or remedy or any abandonment or discontinuance of steps to enforce any such right, power or privilege hereunder remedy, preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilegeremedy. The All rights, remedies, powers and privileges of remedies hereunder and under the Secured Parties herein provided, and provided under each other Loan Document, Related Documents are cumulative and are not exclusive of any other rights, remedies, powers and privileges remedies provided by Lawapplicable law or otherwise. No waiver of any provision of this Security Agreement or any other Related Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit No notice to or the provision of services under Treasury Services Agreements demand on any Grantor in any case shall entitle such Grantor or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether other Grantor to any Secured Party may have had other or further notice or knowledge of such Default at the timedemand in similar or other circumstances. (ba) Neither this Security Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent Secured Party and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 2 contracts

Sources: Security and Pledge Agreement (Luminent Mortgage Capital Inc), Security and Pledge Agreement (Luminent Mortgage Capital Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Quintiles Transnational Holdings Inc.), Credit Agreement (Campbell Alliance Group Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party to exercise, and no delay by any such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the Loan or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Loan Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither this Agreement Guaranty nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 12.1 of the Credit Agreement.

Appears in 2 contracts

Sources: Guaranty (eHealth, Inc.), Credit Agreement (eHealth, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party of the Agents in exercising any right, remedy, power or privilege right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Secured Parties herein provided, Agents hereunder and provided of the Agents and the Lenders under each the Credit Agreement or any other Loan Credit Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision provisions of this Agreement Consent, Waiver and Amendment or consent to any departure by any Grantor party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit No notice to or the provision of services under Treasury Services Agreements demand on any party hereto in any case shall entitle such party to any other or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had further notice or knowledge of such Default at the timedemand in similar or other circumstances. (b) Neither this Agreement Consent, Waiver and Amendment nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 parties hereto. [Remainder of the Credit Agreementpage left blank intentionally; signatures follow.]

Appears in 2 contracts

Sources: Third Amendment (Trico Marine Services Inc), Consent, Waiver and Fourth Amendment (Trico Marine Services Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor Parent therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit Loan or the provision of services under Treasury Services Agreements Cash Management Obligations or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (Vivint Solar, Inc.), Credit Agreement (Vivint Solar, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party the Collateral Agent in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Secured Parties herein provided, Collateral Agent hereunder and provided under each the other Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawother rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.028.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the Revolving Credit Loan or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Collateral Agent or any other Secured Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither Subject to the Intercreditor Agreement, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 12.1 of the Credit Agreement.. - 30 - Form of ABL Security Agreement

Appears in 2 contracts

Sources: Credit Agreement (Chinos Holdings, Inc.), Credit Agreement (J Crew Group Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party the Collateral Agent in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Secured Parties herein provided, Collateral Agent hereunder and provided under each the other Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawother rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.028.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the Revolving Credit Loan or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Collateral Agent or any other Secured Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither Subject to the Intercreditor Agreement, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 12.1 of the Credit Agreement.

Appears in 2 contracts

Sources: Security Agreement (Chinos Holdings, Inc.), Security Agreement (J Crew Group Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Note Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Note Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Note to a Purchaser shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to the Collateral and Guarantee Requirement and any consent required in accordance with Section 10.01 13.8 of the Credit AgreementSPA.

Appears in 2 contracts

Sources: Security Agreement (Global Eagle Entertainment Inc.), Securities Purchase Agreement (Global Eagle Entertainment Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.027.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Revolving Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Secured Cash Management Agreements or Secured Hedge Swap Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 10.1 of the Credit Agreement.

Appears in 2 contracts

Sources: Credit Agreement (CorePoint Lodging Inc.), Guaranty and Security Agreement (CorePoint Lodging Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party the Collateral Agent in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Secured Parties herein provided, Collateral Agent hereunder and provided under each the other Loan Document, Credit Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawother rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.027.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Loan or L/C Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Extension shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Collateral Agent or any other Secured Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 11.04 of the Credit Agreement.

Appears in 1 contract

Sources: Revolving Credit Agreement (Avon Products Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.026.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (ESH Hospitality, Inc.)

Waivers; Amendment. (a) No failure or by any Guaranteed Party to exercise, and no delay by any Secured Party such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party other Agent or any Lender may have had notice or knowledge of such Default at the time. (b) . No notice or demand on any Guaranty Party in any case shall entitle any Guaranty Party to any other or further notice or demand in similar or other circumstances. Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 9.02 of the Credit Agreement.

Appears in 1 contract

Sources: Restatement Agreement (Delphi Automotive PLC)

Waivers; Amendment. (a) No failure by any Lender, the L/C Issuer, the Collateral Agent or the Administrative Agent to exercise, and no delay by any Secured Party such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which givenlaw. Without limiting the generality of the foregoing, the making of a Loan, the Loan or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 11.01 of the Credit Agreement.

Appears in 1 contract

Sources: Security Agreement (Global Cash Access Holdings, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, Loan or the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither Subject to the terms of any Intercreditor Agreement, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to the Collateral and Guarantee Requirement and any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Security Agreement (Avantor, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, CG&R Draft Current date: 08/09/2021 1:06 PM62203519v4 remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawapplicable law. No waiver of any provision of this Agreement or consent to any departure by any Grantor Holdings therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Secured Cash Management Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyHoldings, subject to any consent required in accordance with Section 10.01 9.08 of the Credit Agreement.

Appears in 1 contract

Sources: Pledge Agreement (SeaWorld Entertainment, Inc.)

Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer, any Lender or any other Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Secured Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder or any abandonment or discontinuance of steps to enforce such a right, remedy, power or privilege, preclude any other or further exercise thereof thereof, or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, hereunder and provided under each the other Loan Document, Secured Credit Documents are cumulative and are not exclusive of any rights, remedies, powers and or privileges provided by Lawlaw. No waiver of any provision of this Agreement or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, Loan or the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor . No notice or demand on any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements Loan Party in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject any case shall entitle any Loan Party to any consent required other or further notice or demand in accordance with Section 10.01 of the Credit Agreementsimilar or other circumstances.

Appears in 1 contract

Sources: Credit Agreement (Bright Horizons Family Solutions Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party Creditor in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Document Secured Debt Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Secured Parties herein provided, Creditors hereunder and provided under each the other Loan Document, Secured Debt Agreements are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of in this Agreement or consent to any departure by any Grantor Credit Party therefrom shall in any event be effective unless the same shall be permitted by have been effected in accordance with paragraph (b) of this Section 6.027.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Term Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party Creditor may have had notice or knowledge of such Default or Event of Default at the time. No notice or demand on any Credit Party in any case shall entitle any Credit Party 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 an agreement or agreements in writing entered into by the Collateral Agent and the Grantor Credit Party or Grantors Credit Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 12.12 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Semtech Corp)

Waivers; Amendment. (ai) No failure or delay by the Administrative Agent or any Secured Party Lender in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Secured Parties herein provided, Administrative Agent and provided the Lenders hereunder and under each the other Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.027.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. No notice or demand on any Loan Party in any case shall entitle any Loan Party 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 an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 10.1 of the Term Loan Credit Agreement.

Appears in 1 contract

Sources: Term Loan Credit Agreement (SunCoke Energy Partners, L.P.)

Waivers; Amendment. (a) No failure or by any Guaranteed Party to exercise, and no delay by any Secured Party such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party other Agent or any Lender may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor . No notice or demand on any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements Guaranteed Party in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject any case shall entitle any Guaranteed Party to any consent required other or further notice or demand in accordance with Section 10.01 of the Credit Agreementsimilar or other circumstances.

Appears in 1 contract

Sources: Credit Agreement (Caseys General Stores Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder hereunder, under any other Notes Document or under any other Loan Additional Pari Passu Debt Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Notes Document and Additional Pari Passu Debt Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.026.2, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Notes shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 Article IX of the Credit Indenture and the corresponding provision of each Additional Pari Passu Agreement.

Appears in 1 contract

Sources: Second Lien Security Agreement (SeaWorld Entertainment, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party to exercise, and no delay by any such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a an Incremental Loan, Extended Loan, Refinanced Loan or Replacement Loan in accordance with the issuance terms and conditions of a Letter of the Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Agreement shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Loan Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither Subject to the Intercreditor Agreement and the First Lien/Second Lien Intercreditor Agreement, neither this Agreement Guaranty nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 12.1 of the Credit Agreement.

Appears in 1 contract

Sources: Second Lien Guaranty (99 Cents Only Stores LLC)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawapplicable law. No waiver of any provision of this Agreement or consent to any departure by any Grantor Holdings therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Secured Cash Management Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (SeaWorld Entertainment, Inc.)

Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any Secured Party in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Collateral Agent and the Secured Parties herein provided, hereunder and provided under each the other Loan Document, Credit Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor Credit Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.02Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, no extension of credit by any Secured Party under the making of a Loan, the issuance of a Letter of Credit Agreement or the provision of services under Treasury Services Agreements or Secured Hedge Agreements otherwise shall not be construed as a waiver of any Defaultdefault hereunder, regardless of whether the Collateral Agent or any Secured Party may have had notice or knowledge of such Default default at the time.. No notice or demand on any Credit Party in any case shall entitle such Credit Party to any other or further notice or demand in similar or other circumstances. [[5336199v.2]] (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor Credit Party or Grantors Credit Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of under the Credit Agreement.

Appears in 1 contract

Sources: First Lien Guarantee and Collateral Agreement (Goodyear Tire & Rubber Co /Oh/)

Waivers; Amendment. (a) No failure or delay by any Secured Party to exercise, and no delay by any such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Credit Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Credit Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Credit Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.023.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the Revolving Credit Loan or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default or Event of Default at the time. No notice or demand on any Loan Party in any case shall entitle any Loan Party 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 an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: u.s. Guaranty (IMS Health Holdings, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under the Indenture or any other Loan Secured Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under the Indenture and each other Loan Secured Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making purchase of a Loan, any Notes and the issuance incurrence of a Letter of Credit or the provision of services under Treasury Services Agreements or any other Secured Hedge Agreements Obligations shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 9.02 of the Credit AgreementIndenture (or any equivalent provisions of any other Secured Document).

Appears in 1 contract

Sources: Security Agreement (APX Group Holdings, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit Loan or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: First Lien Credit Agreement (Option Care Health, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawapplicable law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.026.2, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Secured Cash Management Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (SeaWorld Entertainment, Inc.)

Waivers; Amendment. (a) No failure or by any Guaranteed Party to exercise, and no delay by any Secured Party such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party other Agent or any Lender may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor . No notice or demand on any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements Guaranty Party in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject any case shall entitle any Guaranty Party to any consent required other or further notice or demand in accordance with Section 10.01 of the Credit Agreementsimilar or other circumstances.

Appears in 1 contract

Sources: Credit Agreement (Delphi Technologies PLC)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder 21 preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to the Collateral and Guarantee Requirement and any consent required in accordance with Section 10.01 of the Credit Agreement.10.01

Appears in 1 contract

Sources: Second Lien Security Agreement

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawapplicable law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.027.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, Loan or the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or any Secured Hedge Agreements Hedging Agreement shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to Section 5.12 of the Credit Agreement and any consent required in accordance with Section 10.01 9.08 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Smart Sand, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Red Lion Hotels CORP)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Trinseo S.A.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor Holdings therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.025.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyHoldings, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Campbell Alliance Group Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party to exercise, and no delay by any such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a an Incremental Loan, Extended Loan, Refinanced Loan or Replacement Loan in accordance with the issuance terms and conditions of a Letter of the Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Agreement shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Loan Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither Subject to the Intercreditor Agreement, neither this Agreement Guaranty nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 12.1 of the Credit Agreement.

Appears in 1 contract

Sources: Guaranty (99 Cents Only Stores)

Waivers; Amendment. (a) No failure or delay by the Collateral Agent, any Secured Party LC Issuer or any Lender in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Secured Parties herein provided, Creditors hereunder and provided under each the other Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor Credit Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.025.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the Loan or purchase of B/As or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any LC Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Credit Party in any case shall entitle any Credit Party 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 an agreement or agreements in writing entered into by the Collateral Agent and the Grantor Credit Party or Grantors Credit Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 11.12 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Patheon Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit Loan or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to the Collateral and Guarantee Requirement and any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: First Lien Credit Agreement (Option Care Health, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder hereunder, under any other Notes Document or under any other Loan Additional Pari Passu Debt Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Notes Document and Additional Pari Passu Debt Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor Holdings therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Notes shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyHoldings, subject to any consent required in accordance with Section 10.01 Article IX of the Credit Indenture and the corresponding provision of each Additional Pari Passu Agreement.

Appears in 1 contract

Sources: Second Lien Pledge Agreement (SeaWorld Entertainment, Inc.)

Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Note Document shall operate as a waiver thereof, thereof nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Collateral Agent and the Secured Parties herein provided, hereunder and provided under each the other Loan Document, Note Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that the Collateral Agent or the other Secured Parties would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor Note Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time.shall (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 the Note Purchase Agreement; provided that the Collateral Agent may, without the consent of any other Secured Party, consent to a departure by the Grantor from any covenant set forth herein to the extent such departure is consistent with the authority of the Credit Collateral Agent or Collateral Agent set forth in the Note Purchase Agreement.

Appears in 1 contract

Sources: Pledge Agreement (Bird Global, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party to exercise, and no delay by any such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the Revolving Credit Loan or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither this Agreement nor . No notice or demand on any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements Loan Party in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject any case shall entitle any Loan Party to any consent required other or further notice or demand in accordance with Section 10.01 of the Credit Agreementsimilar or other circumstances.

Appears in 1 contract

Sources: Credit Agreement (Par Pharmacuetical, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party to exercise, and no delay by any such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Credit Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Credit Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawlaw. No waiver of any provision of this Agreement any Credit Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Loan or L/C Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Extension shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Loan Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Revolving Credit Agreement (Avon Products Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party Creditor in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Document Secured Debt Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Secured Parties herein provided, Creditors hereunder and provided under each the other Loan Document, Secured Debt Agreements are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of in this Agreement or consent to any departure by any Grantor Credit Party therefrom shall in any event be effective unless the same shall be permitted by have been effected in accordance with paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, or the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Credit, shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party Creditor may have had notice or knowledge of such Default or Event of Default at the time. No notice or demand on any Credit Party in any case shall entitle any Credit Party 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 an agreement or agreements in writing entered into by the Collateral Agent and the Grantor Credit Party or Grantors Credit Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 13.12 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Affinity Gaming, LLC)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) . Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Quintiles Transnational Holdings Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder privilege, or any abandonment or discontinuance of steps to enforce such rights, remedies, powers or privileges hereunder, preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loan shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither Except as otherwise provided in Section 6.12, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Term Loan Credit Agreement (MKS Instruments Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit Loan or the provision of services under Treasury Services Cash Management Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Security Agreement (Gates Industrial Corp PLC)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege remedy hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy, or any abandonment or discontinuance of steps to enforce such a right, power or privilege hereunder remedy, preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilegeremedy. The rights, remedies, powers and privileges remedies of the Secured Parties herein provided, hereunder and provided under each the other Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawor remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, Loan or the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party may have had notice or knowledge of such Default or Event of Default at the time. No notice or demand on any Loan Party in any case shall entitle any Loan Party 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 an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyGuarantor, subject to any consent required in accordance with Section 10.01 9.08 of the Credit Agreement.

Appears in 1 contract

Sources: Holdings Guarantee (New Skies Satellites Holdings Ltd.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawapplicable law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.027.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, Loan or the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or any Bank Product Agreement evidencing Secured Hedge Agreements Bank Product Obligations shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to Section 5.12 of the Credit Agreement and any consent required in accordance with Section 10.01 9.08 of the Credit Agreement.

Appears in 1 contract

Sources: Guarantee and Collateral Agreement (Smart Sand, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Notes Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Notes Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making purchase of a Loan, the issuance of a Letter of Credit Note or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to the Collateral and Guarantee Requirement and any consent required in accordance with Section 10.01 9.06 of the Credit AgreementIndenture.

Appears in 1 contract

Sources: Indenture (Option Care Health, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereofthere- of, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder hereun- der preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective effec- tive unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Security Agreement (APX Group Holdings, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Secured Cash Management Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Abl Credit Agreement (Option Care Health, Inc.)

Waivers; Amendment. (a) 1. No failure or delay by the Administrative Agent or any Secured Guaranteed Party in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Secured Administrative Agent and the Guaranteed Parties herein provided, hereunder and provided under each the other Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of this Guaranty Agreement or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, Loan or the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Secured Guaranteed Party may have had notice or knowledge of such Default at the time. No notice or demand on any Loan Party in any case shall entitle any Loan Party to any other or further notice or demand in similar or other circumstances. (b) 2. Neither this Guaranty Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Willis Towers Watson PLC)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder privilege, or any abandonment or discontinuance of steps to enforce such rights, remedies, powers or privileges hereunder, preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither Except as otherwise provided in Section 6.13, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Albany Molecular Research Inc)

Waivers; Amendment. (a) No failure or delay by any Agent or any other International Secured Party in exercising any right, remedy, right or power or privilege hereunder or under any other International Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Agents and the other International Secured Parties herein provided, hereunder and provided under each the other International Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor International Secured Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.026.08, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making extension of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Scheduled Maturity Date shall not be construed as a waiver of any Default, regardless of whether the Agents or any other International Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice or demand on any International Loan Party in any case shall entitle any International Loan Party 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 an agreement or agreements in writing entered into by the International Collateral Agent, the Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyInternational Loan Parties that are party hereto, subject to any consent required in accordance with Section 10.01 11.1 of the International Credit Agreement.

Appears in 1 contract

Sources: International Guaranty and Security Agreement (Hill International, Inc.)

Waivers; Amendment. (a) No failure or delay by the Administrative Agent or any other Secured Party in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Administrative Agent and the other Secured Parties herein provided, hereunder and provided under each the other Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.025.07, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, Loan under the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Agreement shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent or any other Secured Party may have had notice or knowledge of such Default or Event of Default at the time. No notice or demand on any Loan Party in any case shall entitle any Loan Party 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 an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 9.08 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Diamond Resorts International, Inc.)

Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right, remedy, right or power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Collateral Agent and the other Secured Parties herein provided, hereunder and provided under each the other Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the execution and delivery of this Agreement and the extensions of credit under the Credit Agreement (including the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loans) shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent or any other Secured Party may have had notice or knowledge of such Default at the time. No notice or demand on any Grantor in any case shall entitle 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 an agreement or agreements in writing entered into by the Collateral Agent Agent, the Borrowers and the applicable Grantor (other than the Borrowers) or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 10.12 of the Credit AgreementAgreement (and, as applicable, any similar section in any other Loan Document).

Appears in 1 contract

Sources: Credit Agreement (Seadrill Partners LLC)

Waivers; Amendment. (a) No failure or delay by on the part of any Secured Party Agent, any Arranger, any Lender or any Issuing Bank in exercising any rightpower, remedy, power right or privilege hereunder or under any other Loan Credit Document shall operate as impair such power, right or privilege or be construed to be a waiver thereofthereof or of any Default or Event of Default or acquiescence therein, nor shall any single or partial exercise of any such rightpower, remedyright or privilege, power or privilege hereunder any abandonment or discontinuance of steps to enforce such power, right or privilege, preclude any other or further exercise thereof or the exercise of any other rightpower, remedy, power right or privilege. The powers, rights, remedies, powers privileges and privileges remedies of the Secured Parties herein providedAgents, the Arrangers, the Lenders and provided the Issuing Banks hereunder and under each the other Loan Document, Credit Documents are cumulative and are not exclusive shall be in addition to and independent of all powers, rights, privileges and remedies they would otherwise have. Without limiting the generality of the foregoing, the execution and delivery of this Agreement or any other Credit Document or the making of any rightsLoan shall not be construed as a waiver of any Default or Event of Default, remediesregardless of whether any Agent, powers and privileges provided by Lawany Arranger, any Lender or any Issuing Bank may have had notice or knowledge of such Default or Event of Default at the time. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.026.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: First Lien Credit and Guaranty Agreement (Fusion Connect, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loan shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Security Agreement (DJO Finance LLC)

Waivers; Amendment. (a) No failure or delay by any Secured Party to exercise, and no delay by any such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the Revolving Loan or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Loan Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Guaranty (Chinos Holdings, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither Subject to the terms of the Intercreditor Agreement, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to the Collateral and Guarantee Requirement and any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: First Lien Security Agreement (Jason Industries, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party to exercise, and no delay by any such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the Revolving Loan or issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Loan Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither Subject to the Intercreditor Agreement, neither this Agreement Guaranty nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 12.1 of the ABL Credit Agreement.

Appears in 1 contract

Sources: Guaranty (99 Cents Only Stores)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawapplicable law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.026.2, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Secured Cash Management Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 9.08 of the Credit Agreement.. CG&R Draft Current date: 08/09/2021 1:04 PM62203517v4

Appears in 1 contract

Sources: Security Agreement (SeaWorld Entertainment, Inc.)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Cash Management Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.

Appears in 1 contract

Sources: Security Agreement (DJO Finance LLC)

Waivers; Amendment. (a) No failure or delay by any Secured Party to exercise, and no delay by any such Person in exercising exercising, any right, remedy, power or privilege hereunder or under any other Loan Credit Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Credit Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawlaw. No waiver of any provision of this Agreement any Credit Document or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Loan or L/C Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Extension shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Loan Party may have had notice or knowledge of such Default or Event of Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 11.04 of the Credit Agreement.

Appears in 1 contract

Sources: Credit Agreement (Avon Products Inc)

Waivers; Amendment. (a) No failure or delay by the Administrative Agent, or any Secured Party Lender in exercising any right, remedy, power or privilege hereunder or under any other Loan Secured Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder privilege, or any abandonment or discontinuance of steps to enforce such a right, remedy, power or privilege, preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, hereunder and provided under each the other Loan Document, Secured Credit Documents are cumulative and are not exclusive of any rights, remedies, powers and or privileges provided by Lawthat they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Secured Party Lender or may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor . No notice or demand on any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements Loan Party in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject any case shall entitle any Loan Party to any consent required other or further notice or demand in accordance with Section 10.01 of the Credit Agreementsimilar or other circumstances.

Appears in 1 contract

Sources: Credit Agreement (Michaels Stores Inc)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Financing Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Financing Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit Loan or the provision of services under Treasury Services Agreements Cash Management Obligations or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 9.12 of the Credit Loan Agreement.

Appears in 1 contract

Sources: Pledge and Security Agreement (Vivint Solar, Inc.)

Waivers; Amendment. (a) No failure or delay by of any Secured Party Agent or any Lender in exercising any right, remedy, power or privilege right hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such rightright or power, remedyor any abandonment or discontinuance of steps to enforce such a right or power, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power right or privilegepower. The rights, remedies, powers rights and privileges remedies of the Secured Parties herein provided, Agents and provided the Lenders hereunder and under each the other Loan Document, Documents are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Lawrights or remedies that they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower or any Grantor other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph clause (b) of this Section 6.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had No notice or knowledge of demand on any Loan Party in any case shall entitle such Default at the timeLoan Party to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement Agreement, the other Loan Documents (other than the Fee Letter, which may be amended, waived or modified only in accordance with the terms thereof) nor any provision hereof or thereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent Borrower and the Grantor or Grantors with respect to which Required Lenders; provided, however, that no such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.agreement shall:

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Alcatel Lucent)

Waivers; Amendment. (a) No failure or delay by any Secured Party in exercising any right, remedy, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, remedy, power or privilege hereunder privilege, or any abandonment or discontinuance of steps to enforce such rights, remedies, powers or privileges hereunder, preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights, remedies, powers and privileges of the Secured Parties herein provided, and provided under each other Loan Document, are cumulative and are not exclusive of any rights, remedies, powers and privileges provided by Law. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of 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. Without limiting the generality of the foregoing, the making of a Loan, Loan or the issuance of a Letter of Credit or the provision of services under Treasury Services Agreements or Secured Hedge Agreements shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. (b) Neither Except as otherwise provided in Section 6.12, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 of the Credit Agreement.. Table of Contents

Appears in 1 contract

Sources: Abl Credit Agreement (MKS Instruments Inc)