Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. 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. (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 Administrative Agent and the Guaranty Party or Guaranty 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 7 contracts
Sources: Guaranty (Aptalis Holdings Inc.), Guaranty (LVB Acquisition, Inc.), Guaranty (Primedia Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Trustee or any other Secured Party Holder in exercising any right or power hereunder or under any other Loan Note Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties hereunder and under the other Loan Note Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Note Document or consent to any departure by the Borrower or any Guaranty Party Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.08, 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 purchase of a Loan or issuance of a Letter of Credit Note shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer Secured Party may have had notice or knowledge of such Default at the time. No Except as otherwise provided herein, no notice or demand on the Borrower or any Guaranty Party Guarantor in any case shall entitle the Borrower or any Guaranty Party Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Administrative Collateral Agent and any of the Guaranty Party or Guaranty Parties Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 Article 10 of the Credit AgreementIndenture.
Appears in 7 contracts
Sources: Collateral Agreement (FiberTower CORP), Collateral Agreement (FiberTower CORP), Indenture (FiberTower CORP)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Administrative Agent, any L/C Issuer Issuing Bank or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent, the Administrative Agent, the L/C Issuers Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 6 contracts
Sources: Guarantee and Collateral Agreement (Terex Corp), Guarantee and Pledge Agreement (Cbre Group, Inc.), Guarantee and Collateral Agreement (Terex Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, 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, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer Issuing Bank may have had notice or knowledge of such Default at the time. 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.
(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 Administrative Agent and the Guaranty Party or Guaranty 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 6 contracts
Sources: Credit Agreement (J C Penney Co Inc), Credit Agreement (J C Penney Co Inc), Guarantee and Collateral Agreement (J C Penney Co Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. 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.
(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 Administrative Agent and the Guaranty Party or Guaranty 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 6 contracts
Sources: Parent Guaranty (Pinnacle Foods Inc.), Guaranty (ASC Acquisition LLC), u.s. Guaranty (WP Prism Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.025.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Collateral Agent and the Guaranty Party Grantor or Guaranty Parties 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 6 contracts
Sources: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (Communications Sales & Leasing, Inc.), Credit Agreement (Outfront Media Minnesota LLC)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Issuing Banks or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 6 contracts
Sources: Guarantee and Collateral Agreement (Interline Brands, Inc./De), Guarantee and Collateral Agreement (Symbol Technologies Inc), Guarantee and Collateral Agreement (Symbol Technologies Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Agent and the Guaranty Party Grantor or Guaranty Parties 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 6 contracts
Sources: Credit Agreement (West Corp), Credit Agreement (West Customer Management Group, LLC), Pledge and Security Agreement (VPNet Technologies, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Notes Collateral Agent or any other Secured Party in exercising any right or power 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 or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Notes Collateral Agent and the other Secured Parties hereunder and under the other Loan Notes Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit any Additional First Lien Debt shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender Notes Collateral Agent or any L/C Issuer Secured Party may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither Subject to the terms of the Intercreditor Agreement and except as otherwise provided in the Indenture, 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 Administrative Notes Collateral Agent and the Guaranty Party Grantor or Guaranty Parties 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.
Appears in 6 contracts
Sources: Security Agreement (Freescale Semiconductor, Ltd.), Security Agreement (Freescale Semiconductor, Ltd.), Security Agreement (Freescale Semiconductor Holdings I, Ltd.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Guarantor in any case shall entitle any Guaranty Party Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Administrative Agent and the Guaranty Party Guarantor or Guaranty Parties Guarantors 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 5 contracts
Sources: Credit Agreement (West Corp), Credit Agreement (West Customer Management Group, LLC), Guarantee Agreement (West Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Administrative Agent or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Administrative Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.029.07, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, the Collateral Agent or any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 5 contracts
Sources: Term Facility Guarantee and Collateral Agreement, Term Loan Credit Agreement (Houghton Mifflin Harcourt Co), Term Facility Guarantee and Collateral Agreement (Houghton Mifflin Harcourt Co)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Trustee or any other Secured Party Holder in exercising any right or power hereunder or under any other Loan Document the Indenture or the Notes shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Trustee and the other Secured Parties Holders hereunder and under the other Loan Documents Indenture or the Notes are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement Guaranty or consent to any departure by any Guaranty Party the Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. 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.
(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 Administrative Agent Trustee and the Guaranty Party or Guaranty 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 AgreementIndenture.
Appears in 5 contracts
Sources: First Supplemental Indenture (Arris Group Inc), Guaranty (Arris Group Inc), Guaranty (Windstream Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Trustee or any other Secured Party Holder in exercising any right or power hereunder or under any other Loan Document the Indenture or the Notes shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Trustee and the other Secured Parties Holders hereunder and under the other Loan Documents Indenture or the Notes are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party the Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. 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.
(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 Administrative Agent Trustee and the Guaranty Party or Guaranty 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 AgreementIndenture.
Appears in 5 contracts
Sources: Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Administrative Agent, any L/C Issuer the Issuing Bank or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent, the Administrative Agent, the L/C Issuers Issuing Bank and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 5 contracts
Sources: Guarantee and Pledge Agreement, Guarantee and Pledge Agreement (Cb Richard Ellis Group Inc), Credit Agreement (Cb Richard Ellis Group Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative any Agent, any L/C Issuer Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document the Credit Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative AgentAgents, the L/C Issuers Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents Credit Agreement are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative any Agent, any Lender or any L/C Issuer Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Paying Agent and the Guaranty Loan Party or Guaranty 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 5 contracts
Sources: Credit Agreement (Macy's, Inc.), Guarantee Agreement (Macy's, Inc.), Guarantee Agreement (Federated Department Stores Inc /De/)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 5 contracts
Sources: Credit Agreement (Team Health Holdings Inc.), Security Agreement (KLIF Broadcasting, Inc.), Security Agreement (S.D. Shepherd Systems, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.025.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 5 contracts
Sources: Credit Agreement (Team Health Holdings Inc.), Intellectual Property Security Agreement (Pinnacle Foods Finance LLC), Intellectual Property Security Agreement (Prelude Systems, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any other Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, any other Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any other Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Guarantor in any case shall entitle any Guaranty Party Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Administrative Collateral Agent and the Guaranty Party or Guaranty Parties Guarantors 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 5 contracts
Sources: Credit Agreement (Windstream Parent, Inc.), Credit Agreement (Yum Brands Inc), Guaranty (Restaurant Brands International Limited Partnership)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Agent or any other Secured Guaranteed Party in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Agent and the other Secured Guaranteed Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Guaranty Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender Agent or any L/C Issuer Guaranteed Party may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty Loan Party to any other or further notice or demand in similar or other circumstances.
(b) 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 5 contracts
Sources: Guaranty Agreement (Willis Towers Watson PLC), Guaranty Agreement (Willis Towers Watson PLC), Guaranty Agreement
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer the Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Bank and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, 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, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer the Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 9.8 of the Credit Agreement.
Appears in 4 contracts
Sources: Credit Agreement (Knoll Inc), Guarantee and Collateral Agreement (Polypore International, Inc.), Guarantee and Collateral Agreement (Polypore International, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any other Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, any other Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any other Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Collateral Agent and the Guaranty Party Grantor or Guaranty Parties 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 (Heinz H J Co), Credit Agreement (Corporate Executive Board Co), Security Agreement (Epicor Software Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Administrative Agent or any other Secured Party Party, in exercising any right or power 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 or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Administrative Agent and the other Secured Parties hereunder and under the other Loan Credit Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Foreign Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.024.07, 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, the acceptance and purchase of a B/A or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, the Administrative Agent, any Lender or any L/C the Letter of Credit Issuer may have had notice or knowledge of such Default at the time. 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.
(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 Administrative Collateral Agent and the Guaranty Party Foreign Guarantor or Guaranty Parties Foreign Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 10.11 of the Credit Agreement.
Appears in 4 contracts
Sources: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
Waivers; Amendment. (a) No failure or delay by of the Administrative Agent, Agent of any L/C Issuer or any other Secured Party kind in exercising any power, right or power remedy hereunder and no course of dealing between any Guarantor on the one hand the and Administrative Agent or under any holder of any Note on the other Loan Document hand shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or powerremedy hereunder, under any other Loan Document or under any Hedging Document, or any abandonment or discontinuance of steps to enforce such a power, right or powerremedy, preclude any other or further exercise thereof or the exercise of any other power, right or powerremedy. The rights and remedies of the Administrative Agent, Agent hereunder and of the L/C Issuers and the other Secured Parties hereunder and under the other Loan Documents and the Hedging Documents, as applicable, are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 4.02below, and then such waiver or and 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Guarantor in any case shall entitle any Guaranty Party such Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an a written agreement or agreements in writing entered into by between the Administrative Agent and the Guaranty Party or Guaranty Parties Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 10.01 of the Credit Agreement).
Appears in 4 contracts
Sources: Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co), Revolving Credit Agreement (Newmarket Corp), Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.02, 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 execution and delivery of this Agreement, the making of a Loan or issuance issuance, amendment, renewal or extension of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Party or Guaranty 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 4 contracts
Sources: Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.)
Waivers; Amendment. (a) No failure or delay by of the Administrative Agent, any L/C Issuer or any other Secured Party Collateral Agent in exercising any power or right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent, the L/C Issuers other Agents and the other Secured Parties hereunder and Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02below, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice to or demand on any Guaranty Party Grantor in any case shall entitle such Grantor or any Guaranty Party other Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except (i) pursuant to an agreement or agreements in writing entered into by the Administrative Collateral Agent and the Guaranty Party Grantor or Guaranty Parties Grantors with respect to which such waiver, amendment or modification is to apply, subject to (A) any consent required in accordance with Section 10.01 10.02 of the Credit Agreement and (B) to the limitations in the Intercreditor Agreement or (ii) as provided in the Intercreditor Agreement.
Appears in 4 contracts
Sources: Canadian Security Agreement (Pliant Corp), Domestic Security Agreement (Pliant Corp), Domestic Security Agreement (Pliant Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Agent or any other Secured Party in exercising any right right, power or power 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 right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent, the L/C Issuers Agent and the other Secured Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender Agent or any L/C Issuer other Secured Party may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 10.03 of the Credit Agreement.
Appears in 4 contracts
Sources: Guarantee and Collateral Agreement (DENNY'S Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.025.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Agent and the Guaranty Party Grantor or Guaranty Parties 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: Credit Agreement (West Corp), Credit Agreement (West Customer Management Group, LLC), Intellectual Property Security Agreement (West Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Administrative Agent or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Administrative Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, Collateral Agent or any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 4 contracts
Sources: Guarantee and Collateral Agreement (Medley Management Inc.), Second Lien Credit Agreement (STR Holdings LLC), Second Lien Credit Agreement (STR Holdings, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party Collateral Agent in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Collateral Agent hereunder and under the other Loan Documents are cumulative and are not exclusive of any other rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.02, 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 any Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Lender Collateral Agent or any L/C Issuer 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 Guaranty Party in any case shall entitle any Guaranty Party to any other or further notice or demand in similar or other circumstances.
(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 Administrative Collateral Agent and the Guaranty Party Grantor or Guaranty Parties Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 10.08 of the First Lien Credit Agreement.
Appears in 4 contracts
Sources: First Lien Term Loan Credit Agreement (BJ's Wholesale Club Holdings, Inc.), First Lien Term Loan Credit Agreement (BJ's Wholesale Club Holdings, Inc.), First Lien Term Loan Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by the Borrower or any Guaranty other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Without limiting the generality of the foregoing, the making of a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender Issuing Bank or any L/C Issuer Lender may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 3 contracts
Sources: Revolving Credit Agreement (Hess Midstream Partners LP), Revolving Credit Agreement (Hess Midstream Partners LP), Revolving Credit Agreement (Hess Midstream Partners LP)
Waivers; Amendment. (a) No failure or delay by of the Administrative Agent, any L/C Issuer or any other Secured Party Agent in exercising any power or right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, Agent hereunder and of the L/C Issuers Collateral Agent and the other Secured Parties hereunder and Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by the Borrower or any Guaranty Party Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02below, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on the Borrower or any Guaranty Party Guarantor in any case shall entitle the Borrower or any Guaranty Party such Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an a written agreement or agreements in writing entered into by between the Administrative Agent and the Guaranty Party or Guaranty Parties party hereto with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent of the Required Lenders as required in accordance with Section 10.01 of under the Credit Agreement.
Appears in 3 contracts
Sources: Credit Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Collateral Agent or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Collateral Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, Collateral Agent or any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 3 contracts
Sources: Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.), Credit Agreement (Hawaiian Telcom Holdco, Inc.), Guarantee and Collateral Agreement (Allegiant Travel CO)
Waivers; Amendment. (a) No failure or delay by of the Administrative Agent, Agent of any L/C Issuer or any other Secured Party kind in exercising any power, right or power remedy hereunder or under and no course of dealing between any Guarantor on the one hand the and Administrative Agent on the other Loan Document hand shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or powerremedy hereunder, under any other Loan Document, or any abandonment or discontinuance of steps to enforce such a power, right or powerremedy, preclude any other or further exercise thereof or the exercise of any other power, right or powerremedy. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Agent hereunder and under the other Loan Documents Documents, as applicable, are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 4.02below, and then such waiver or and 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Guarantor in any case shall entitle any Guaranty Party such Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an a written agreement or agreements in writing entered into by between the Administrative Agent and the Guaranty Party or Guaranty Parties Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 10.01 of the Credit Agreement).
Appears in 3 contracts
Sources: Revolving Credit Agreement (International Speedway Corp), Subsidiary Guaranty Agreement (International Speedway Corp), Subsidiary Guaranty Agreement (International Speedway Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Agent or any other Secured Party in exercising any right right, power or power 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 right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent, the L/C Issuers Agent and the other Secured Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.024.06, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Lender Agent or any L/C Issuer Secured Party may have had notice or knowledge of such Default or Event of Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 3 contracts
Sources: Guarantee Agreement (Hexion Inc.), Guarantee Agreement, Guarantee Agreement (Momentive Performance Materials Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative any Agent, any L/C Issuer Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative AgentAgents, the L/C Issuers Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Without limiting the generality of the foregoing, the execution and delivery of this Agreement, the making of a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative any Agent, any Lender Issuing Bank or any L/C Issuer Lender may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Party Guarantor or Guaranty Parties Guarantors 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 3 contracts
Sources: Credit Agreement (Verisign Inc/Ca), Credit Agreement (Verisign Inc/Ca), Guarantee Agreement (Verisign Inc/Ca)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Agent and the Guaranty Party Grantor or Guaranty Parties 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: Pledge and Security Agreement (LVB Acquisition, Inc.), Pledge and Security Agreement (Primedia Inc), Pledge and Security Agreement (Biolectron, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Issuer, any Lender or any other Secured Party in exercising any right right, remedy, power or power 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 right, remedy, power or power, privilege or any abandonment or discontinuance of steps to enforce such a right right, remedy, power or powerprivilege, preclude any other or further exercise thereof thereof, or the exercise of any other right right, remedy, power or powerprivilege. The rights rights, remedies, powers and remedies privileges of the Administrative Agent, the L/C Issuers and the other Secured Parties hereunder and under the other Loan Secured Credit Documents are cumulative and are not exclusive of any rights rights, remedies, powers or remedies privileges that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Party or Guaranty 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 3 contracts
Sources: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Osi Restaurant Partners, LLC)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 3 contracts
Sources: First Lien Guarantee and Collateral Agreement, First Lien Guarantee and Collateral Agreement (Jda Software Group Inc), Guarantee and Collateral Agreement (RedPrairie Holding, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Administrative Agent or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Administrative Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, Collateral Agent or any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 3 contracts
Sources: Second Lien Guarantee and Collateral Agreement (STR Holdings, Inc.), Second Lien Guarantee and Collateral Agreement (STR Holdings LLC), Second Lien Guarantee and Collateral Agreement (STR Holdings (New) LLC)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer Issuing Bank or any other Secured Party Lender in exercising any right right, power or power 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 right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent, the L/C Issuers Collateral Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Parent therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.09, 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 available of a any credit under any Loan or issuance of a Letter of Credit Document shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, the Collateral Agent, any Lender or any L/C Issuer Issuing Bank may have had notice or knowledge of such Default or Event of Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Party or Guaranty Parties with respect to which such waiver, amendment or modification is to apply, subject Parent. The Collateral Agent will only agree to any such amendment, modification or waiver if it has received the consent thereto, if any, required in accordance with by Section 10.01 9.08 of the Credit Agreement.
Appears in 3 contracts
Sources: Parent Guarantee and u.s. Pledge Agreement (New Skies Satellites Holdings Ltd.), Parent Guarantee and Pledge Agreement (BCP Crystal Holdings Ltd. 2), Parent Guarantee and Pledge Agreement (Celanese CORP)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Collateral Agent and the Guaranty Party Grantor or Guaranty Parties 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: Parent Security Agreement (Pinnacle Foods Inc.), Security Agreement (Pinnacle Foods Finance LLC), Security Agreement (Freescale Semiconductor Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Notes Collateral Agent, any L/C Issuer or any other Secured Party in exercising any right or power 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 or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Notes Collateral Agent and the other Secured Parties hereunder and under the other Loan Note Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Notes Collateral Agent and the Guaranty Party Grantor or Guaranty Parties Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 9.01 or 9.02 of the Credit AgreementIndenture; it being understood and acknowledged that the consent of the Secured Parties shall not be required for any amendment or modification of this Agreement to add Additional First Lien Secured Parties to this Agreement as contemplated by Section 9.01 of the Indenture.
Appears in 3 contracts
Sources: Pledge and Security Agreement, Pledge and Security Agreement (Avaya Inc), Pledge and Security Agreement (Avaya Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer other Agent, or any other Secured Senior Credit Party in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers any other Agent, and the other Secured Senior Credit Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party therefrom shall in any event be effective unless the same shall be permitted by paragraph clause (b) of this Section 4.024.2, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender other Agent, or any L/C Issuer Senior Credit Party may have had notice or knowledge of such Default at the time. 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.
(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 Administrative Agent and the Guaranty Party or Guaranty 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 3 contracts
Sources: Guaranty (Polymer Group Inc), Guaranty (Polymer Group Inc), Guaranty (Polymer Group Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document Document, shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.025.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Agent and the Guaranty Party Grantor or Guaranty Parties 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: Pledge and Security Agreement (Ebi, LLC), Pledge and Security Agreement (LVB Acquisition, Inc.), Pledge and Security Agreement (Biolectron, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Agent and the Guaranty Party Grantor or Guaranty Parties 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 3 contracts
Sources: Pledge and Security Agreement, Amendment and Restatement Agreement (Sabre Corp), Pledge and Security Agreement (Sabre Corp)
Waivers; Amendment. (a) No failure or delay by on the Administrative Agent, part of any L/C Issuer or any other Secured Party party hereto in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties hereunder and under the other Loan Documents parties hereto are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.025.02(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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party party hereto in any case shall entitle any Guaranty Party such party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be terminated, waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Administrative each Collateral Agent (and the Guaranty Party or Guaranty Parties with respect to which any such termination, waiver, amendment or modification is to applywhich by the terms of this Agreement requires any Borrower’s consent or which increases the obligations or reduces the rights of or otherwise materially adversely affects any Borrower or any other Grantor, subject to any with the consent required in accordance with Section 10.01 of the Credit AgreementBorrowers).
Appears in 3 contracts
Sources: Intercreditor Agreement, Intercreditor Agreement (Elevate Credit, Inc.), Intercreditor Agreement
Waivers; Amendment. (a) No failure or delay by of the Administrative Agent, any L/C Issuer other Lender or any other Secured Party the Issuing Banks in exercising any power or right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, Agent hereunder and of the L/C Issuers other Lenders and the other Secured Parties hereunder and Issuing Banks under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Guarantee Agreement or consent to any departure by the Borrower or any Guaranty Party Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02below, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on the Borrower or any Guaranty Party Guarantor in any case shall entitle any Guaranty Party the Borrower or such Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Guarantee Agreement nor any provision hereof may be waived, amended or modified except pursuant to an a written agreement or agreements in writing entered into by between the Administrative Agent and the Guaranty Party Guarantor or Guaranty Parties Guarantors with respect to which such waiver, amendment or modification is to applyrelates, the Borrower and the Administrative Agent, subject to any consent required in accordance with Section 10.01 9.02 of the Credit Agreement.
Appears in 3 contracts
Sources: Guarantee Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Agent or any other Secured Party Lender in exercising any right right, power or power 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 right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent, the L/C Issuers Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, Agent or any 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 Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 10.08 of the Credit Term Loan Agreement.
Appears in 2 contracts
Sources: Term Loan Agreement (Realogy Group LLC), Guarantee and Collateral Agreement (Realogy Group LLC)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents Credit Agreement are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Guarantee Agreement (American Axle & Manufacturing Holdings Inc), Guarantee Agreement (American Axle & Manufacturing Holdings Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they it would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.0210.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. 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.
(b) Neither this Agreement nor any other Loan Document nor any provision hereof or thereof may be waived, amended amended, supplemented or modified except except, in the case of this Agreement and any other Loan Document, pursuant to an agreement or agreements in writing entered into by the Administrative Agent Lender and the Guaranty Loan Party or Guaranty 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 Agreementthat are parties thereto.
Appears in 2 contracts
Sources: Credit Agreement (Kemet Corp), Credit Agreement (Kemet Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer or any other Secured Party in exercising any right right, power or power remedy 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 right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent, the L/C Issuers Collateral Agent and the other Secured Parties hereunder and under the other Loan Note Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Secured Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Pledgor in any case shall entitle any Guaranty Party Pledgor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor Agreement, the Secured Notes Intercreditor Agreement, any of the other Note Documents or any provision hereof of any of the foregoing may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Administrative Collateral Agent and the Guaranty Party Pledgor or Guaranty Parties Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required the limitations in accordance with Section 10.01 of the Credit Secured Notes Intercreditor Agreement or as otherwise provided in the Secured Notes Intercreditor Agreement.
Appears in 2 contracts
Sources: Collateral Agreement (Verso Paper Holdings LLC), Collateral Agreement (Verso Paper Corp.)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Issuing Bank and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, 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, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer the Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Guarantee and Collateral Agreement (Marathon Power Technologies Co), Guarantee and Collateral Agreement (Diagnostic Pathology Management Services Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer other Agent, any Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers other Agents, the Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, 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, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any other Agent, any Lender or any L/C Issuer Issuing Bank may have had notice or knowledge of such Default at the time. 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.
(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 Administrative Agent and the Guaranty Party or Guaranty 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 2 contracts
Sources: Credit Agreement (J C Penney Co Inc), Guarantee and Collateral Agreement (J C Penney Co Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Administrative Agent or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Administrative Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.08, 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 of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No Except as otherwise provided herein, no notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 Second Lien Credit Agreement.
Appears in 2 contracts
Sources: First Lien Credit Agreement (Hawkeye Holdings, Inc.), Second Lien Credit Agreement (Hawkeye Holdings, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Agent or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents Credit Agreement are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, Agent or any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Guarantee Agreement (American Axle & Manufacturing Holdings Inc), Credit Agreement (American Axle & Manufacturing Holdings Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Collateral Agent or any other the Secured Party in exercising any right or power hereunder or under any other the Loan Document Proceeds Note shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Collateral Agent and the other Secured Parties Party hereunder and under the other Loan Documents Proceeds Note are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or the Loan Proceeds Note or consent to any departure by any Guaranty the Grantor or the Secured Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, 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, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty the Grantor or the Secured Party in any case shall entitle any Guaranty Party the Grantor or the Secured Party, as the case may be, 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 Administrative Agent Collateral Agent, the Grantor and the Guaranty Secured Party or Guaranty 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, provided, however, the Grantor may amend Schedule 1 hereto add, but not delete, jurisdictions thereto by written notice to the Collateral Agent. Such notice shall constitute an amendment to Schedule 1 without further action by the Secured Party or the Collateral Agent.
Appears in 2 contracts
Sources: Loan Proceeds Note Collateral Agreement, Loan Proceeds Note and Collateral Agreement (Level 3 Communications Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers each Issuing Bank and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Collateral and Guarantee Agreement (Encompass Health Corp), Collateral and Guarantee Agreement (Healthsouth Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party of any kind in exercising any power or right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties hereunder and of the Lenders under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Pledge Agreement or consent to any departure by any Guaranty Party Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 4.02below, and then such waiver or and 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Pledgor in any case shall entitle any Guaranty Party such Pledgor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Pledge Agreement nor any provision hereof may be waived, amended or modified except pursuant to an a written agreement or agreements in writing entered into by between the Administrative Agent and the Guaranty Party or Guaranty Parties Pledgors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided below and in accordance with Section 10.01 of the Credit Agreement).
(c) Notwithstanding an contrary provision herein the Administrative Agent may (but shall not be required to) waive any notice requirement herein.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Heico Corp), Revolving Credit Agreement (Heico Corp)
Waivers; Amendment. (a) No failure or delay by of the Administrative AgentAgents, the Collateral Agents, any L/C Issuer Lender or any other Secured Party Issuing Bank in exercising any power or right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative AgentAgents, the L/C Issuers Collateral Agents, the Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrowers or any Guaranty other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02below, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party a Borrower in any case shall entitle any Guaranty Party the Borrowers 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 Administrative Agent and the Guaranty Party or Guaranty 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.103 97
Appears in 2 contracts
Sources: Credit Agreement (Oil States International Inc), Credit Agreement (Oil States International Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender Issuing Bank or any L/C Issuer Lender may have had notice or knowledge of such Default at the time. No notice to or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Guarantee and Collateral Agreement (CCE Spinco, Inc.), Guarantee and Collateral Agreement (Live Nation, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Facility Agent, any L/C Issuer the Collateral Agent or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Facility Agent, the L/C Issuers Collateral Agent, and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement Guarantee or consent to any departure by any Guaranty Guarantee Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Facility Agent, the Collateral Agent or any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Guarantee Party in any case shall entitle any Guaranty Guarantee Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement Guarantee nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Administrative Facility Agent and the Guaranty Guarantee Party or Guaranty Guarantee Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 [12.02] of the Credit Facility Agreement.
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement (Equinix Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Lender or any other Secured Party in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Lenders and the any other Secured Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.025.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer other Secured Party may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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, restated, amended and restated or otherwise modified except pursuant to an agreement or agreements in writing entered into by the Administrative Agent and the Guaranty Party Guarantor or Guaranty Parties Guarantors 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: Second Lien Guarantee Agreement (Franchise Group, Inc.), Second Lien Guarantee Agreement (Franchise Group, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Administrative Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent, the Administrative Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.023.07, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement Guaranty nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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: u.s. Guaranty (Ply Gem Holdings Inc), u.s. Guaranty (Ply Gem Holdings Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer or any other Secured Party Lender in exercising any right right, remedy, power or power 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 right, remedy, power or powerprivilege, or any abandonment or discontinuance of steps to enforce such a right right, remedy, power or powerprivilege, preclude any other or further exercise thereof or the exercise of any other right right, remedy, power or powerprivilege. The rights rights, remedies, powers and remedies privileges of the Administrative Collateral Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Party or Guaranty 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: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Osi Restaurant Partners, LLC)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, the Collateral Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the Collateral Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, the Collateral Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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: Credit Agreement (Orbitz Worldwide, Inc.), Security Agreement (ReAble Therapeutics Finance LLC)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Administrative Agent, any L/C the Letter of Credit Issuer or any other Secured Party in exercising any right or power 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 or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent, the Administrative Agent, the L/C Issuers Letter of Credit Issuer and the other Secured Parties hereunder and under the other Loan Credit Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Credit Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 Loan, the acceptance and purchase of a B/A or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, the Administrative Agent, any Lender or any L/C the Letter of Credit Issuer may have had notice or knowledge of such Default at the time. 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.
(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 Administrative Collateral Agent and the Guaranty Credit Party or Guaranty 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 10.11 of the Credit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Compass Minerals International Inc), Collateral and Guaranty Agreement (Compass Minerals International Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Collateral Agent or any other Secured Party in exercising any right right, power or power remedy 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 right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative AgentTrustee, the L/C Issuers Collateral Agent and the other Secured Parties hereunder and under the other Loan Indenture Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.029.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor the Intercreditor Agreements or any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Administrative Collateral Agent and the Guaranty Party Grantor or Guaranty Parties Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required the limitations in accordance with Section 10.01 of the Credit AgreementIndenture and the Intercreditor Agreements or as otherwise provided in the Indenture or the Intercreditor Agreements.
Appears in 2 contracts
Sources: Collateral Agreement (Berry Plastics Corp), Collateral Agreement (Kerr Group Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Administrative Agent, any L/C Issuer the Issuing Bank or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent, the Administrative Agent, the L/C Issuers Issuing Bank and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, 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, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Credit Agreement (Ryan's Restaurant Leasing Company, LLC), Guarantee and Collateral Agreement (Ryan's Restaurant Leasing Company, LLC)
Waivers; Amendment. (a) No failure or delay by the Administrative AgentTrustee, any L/C Issuer the Second Lien Agent or any other Secured Party Holder in exercising any right or power hereunder or under any other Loan Second Lien Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative AgentTrustee, the L/C Issuers Second Lien Agent and the other Secured Parties Holders hereunder and under the other Loan Second Lien Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Second Lien Secured Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 or issuance of a Letter of Credit Notes shall not be construed as a waiver of any Default, regardless of whether the Administrative AgentTrustee, any Lender the Second Lien Agent or any L/C Issuer Holder may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Grantor or Second Lien Secured Party in any case shall entitle any Guaranty Grantor or Second Lien Secured 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 Administrative Second Lien Agent and the Guaranty Party or Guaranty Parties party hereto 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 AgreementSecond Lien Note Indenture.
Appears in 2 contracts
Sources: Second Lien Security Agreement, Second Lien Security Agreement (DJO Finance LLC)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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: Credit Agreement (Team Health Holdings Inc.), Guarantee Agreement (Transcultural Health Develpment, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Administrative Agent or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Administrative Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.10, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, Collateral Agent or any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Guarantee and Collateral Agreement (Clearlake Capital Partners, LLC), Guarantee and Collateral Agreement (Goamerica Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, the Administrative Agent, any L/C Issuer Issuer, any Cash Management Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the Administrative Agent, the L/C Issuers Issuers, the Cash Management Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, the Administrative Agent, any Lender Lender, any Cash Management Bank or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Agent and the Guaranty Party or Guaranty 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: Credit Agreement (CC Media Holdings Inc), Credit Agreement (Clear Channel Communications Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Agent or any other Secured Party Lender in exercising any right right, power or power remedy 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 right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent, the L/C Issuers Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights rights, powers 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 Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph clause (b) of this Section 4.027.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, Agent or any 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 Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent or direction required in accordance with Section 10.01 9.08 of the Credit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Oscar Health, Inc.), Credit Agreement (Oscar Health, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any other Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, any other Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any other Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Guarantor in any case shall entitle any Guaranty Party Guarantor to any other or further notice or demand in similar or other circumstances.
(b) . Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Administrative Agent and the Guaranty Party or Guaranty Parties Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent to the extent required in accordance with by Section 10.01 of the Credit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Wyndham Destinations, Inc.), Credit Agreement (Wyndham Destinations, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any other Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, any other Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any other Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Collateral Agent and the Guaranty Party Grantor or Guaranty Parties Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent to the extent required in accordance with by Section 10.01 of the Credit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Wyndham Destinations, Inc.), Credit Agreement (W R Grace & Co)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer the Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Bank and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, 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, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer the Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Guarantee and Collateral Agreement (Cumulus Media Inc), Guarantee and Collateral Agreement (Cumulus Media Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party Collateral Agent in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Collateral Agent hereunder and under the other Loan Documents are cumulative and are not exclusive of any other rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Lender Collateral Agent or any L/C Issuer 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 Guaranty Party in any case shall entitle any Guaranty Party to any other or further notice or demand in similar or other circumstances.
(b) Neither Subject to the ABL 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 Administrative Collateral Agent and the Guaranty Party Grantor or Guaranty Parties 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 (Chinos Holdings, Inc.), Security Agreement (J Crew Group Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Agent or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, Agent or any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Second Lien Guarantee and Collateral Agreement (Jda Software Group Inc), Second Lien Guarantee and Collateral Agreement (RedPrairie Holding, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer the Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Bank and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer the Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Credit Agreement (Usg Corp), Guarantee Agreement (Usg Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Collateral Agent or any other Secured Party in exercising any right right, power or power 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 right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent, the L/C Issuers Collateral Agent and the other Secured Parties hereunder and under the other Loan Documents Document are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.08, 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 of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, Collateral Agent or any 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 Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with the terms of the Intercreditor Agreement and Section 10.01 of the Term Credit Agreement.
Appears in 2 contracts
Sources: Guarantee and Collateral Agreement (Noranda Aluminum Holding CORP), Credit Agreement (Noranda Aluminum Holding CORP)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party in exercising any right right, power or power 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 right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.10, 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 shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer Secured Party may have had notice or knowledge of such Default or Event of Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Party Guarantor or Guaranty Parties with respect to which such waiver, amendment or modification is to applyGuarantors effected thereby, subject to any consent required in accordance with Section 10.01 9.08 of the Credit Agreement.
Appears in 2 contracts
Sources: Guarantee and Pledge Agreement (BCP Crystal Holdings Ltd. 2), Guarantee and Pledge Agreement (Celanese CORP)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the any L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.025.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Collateral Agent and the Guaranty Party Grantor or Guaranty Parties 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, Credit Agreement (Time Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer the Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Bank and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer the Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Guarantor in any case shall entitle any Guaranty Party Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Administrative Agent and the Guaranty Party Guarantor or Guaranty Parties Guarantors 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: Guarantee Agreement (Usg Corp), Guarantee Agreement (Usg Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Administrative Agent or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Administrative Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Guarantee and Collateral Agreement (Sportsmans Warehouse Holdings Inc)
Waivers; Amendment. (a) No failure or delay by of the Administrative Agent, Agent of any L/C Issuer or any other Secured Party kind in exercising any power, right or power remedy hereunder and no course of dealing between any Guarantor on the one hand and the Administrative Agent or under any holder of any Note on the other Loan Document hand shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or powerremedy hereunder, or under any Loan Document, Hedging Document, or Treasury Document, or any abandonment or discontinuance of steps to enforce such a power, right or powerremedy, preclude any other or further exercise thereof or the exercise of any other power, right or powerremedy. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties Agent hereunder and of the Guaranteed Parties under the other Loan Documents, the Hedging Documents and the Treasury Document, as applicable, are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 4.02below, and then such waiver or and 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Guarantor in any case shall entitle any Guaranty Party such Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an a written agreement or agreements in writing entered into by between the Administrative Agent and the Guaranty Party or Guaranty Parties Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required of the Required Lenders (except as otherwise provided in accordance with Section 10.01 of the Credit Agreement).
Appears in 2 contracts
Sources: Revolving Credit and Term Loan Agreement (Strayer Education Inc), Revolving Credit Agreement (Strayer Education Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer the Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Bank and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party therefrom Grantor herefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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, the acceptance and purchase of a B/A or issuance the issuance, amendment, renewal or extension of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer the Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Agent and the Guaranty Party Grantor or Guaranty Parties 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: Domestic Security Agreement (Indalex Holdings Finance Inc), Canadian Security Agreement (Indalex Holdings Finance Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer other Agent, any Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, any other Agent, the L/C Issuers Issuing Banks and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any other Agent, any Lender or any L/C Issuer Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Agent and the Guaranty Party Grantor or Guaranty Parties 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: Credit Agreement (Lmi Aerospace Inc), Credit Agreement (Lmi Aerospace Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Collateral Agent or any other Secured Party in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Administrative Agent and the other Purchase Money Secured Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Purchase Money Lender or any L/C Issuer other Person may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Purchase Money Loan Guarantee and Collateral Agreement (Sirius Xm Radio Inc.), Purchase Money Loan Guarantee and Collateral Agreement (Sirius Xm Radio Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Issuing Lender or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Lenders and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer Issuing Lender may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 Credit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (SunCoke Energy Partners, L.P.), Credit Agreement (SunCoke Energy, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Agent or any other Secured Party Senior Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Agent and the other Secured Parties Senior Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Intercompany Lender or any Intercompany Debtor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Intercompany Lender or any Intercompany Debtor in any case shall entitle any Guaranty Party Intercompany Lender or any Intercompany Debtor 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 Administrative Agent Agent, the Borrower and the Guaranty Party Intercompany Lenders or Guaranty Parties Intercompany Debtors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 10.5 of the Credit Agreement.
Appears in 2 contracts
Sources: Second Lien Credit and Guaranty Agreement (Fusion Connect, Inc.), First Lien Credit and Guaranty Agreement (Fusion Connect, Inc.)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, the Collateral Agent, any L/C Issuer or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the Collateral Agent, the L/C Issuers and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, the Collateral Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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: Credit Agreement (Orbitz Worldwide, Inc.), Guaranty (ReAble Therapeutics Finance LLC)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Issuing Bank and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender or any L/C Issuer the Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: Guarantee and Collateral Agreement (Hawaiian Telcom Communications, Inc.), Guarantee and Collateral Agreement (Mac-Gray Corp)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Collateral Agent or any other the Secured Party in exercising any right or power hereunder or under any other the Loan Document Proceeds Note shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Collateral Agent and the other Secured Parties Party hereunder and under the other Loan Documents Proceeds Note are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or the Loan Proceeds Note or consent to any departure by any Guaranty the Grantor or the Secured Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, 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, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty the Grantor or the Secured Party in any case shall entitle any Guaranty Party the Grantor or the Secured Party, as the case may be, 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 Administrative Agent Collateral Agent, the Grantor and the Guaranty Secured Party or Guaranty 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, provided, however, the Grantor may amend Schedule 1 hereto by adding, but not deleting, jurisdictions thereto by written notice to the Collateral Agent. Such notice shall constitute an amendment to Schedule 1 without further action by the Secured Party or the Collateral Agent.
Appears in 2 contracts
Sources: Loan Proceeds Note (Level 3 Communications Inc), Loan Proceeds Note (Level 3 Communications Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any L/C Issuer the Administrative Agent or any other Secured Party Lender in exercising any right or power 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 right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, the L/C Issuers Administrative Agent and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, the Administrative Agent or any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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 2 contracts
Sources: First Lien Guarantee and Collateral Agreement (Pacific Energy Resources LTD), Second Lien Guarantee and Collateral Agreement (Pacific Energy Resources LTD)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer the Issuing Bank or any other Secured Party Lender in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers Issuing Bank and the other Secured Parties Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement any Loan Document or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, 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, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer the Issuing Bank may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Agent or any other Secured Party in exercising any right right, power or power 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 right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent, the L/C Issuers Agent and the other Secured Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.027.09, 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 or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender Agent or any L/C Issuer other Secured Party may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty 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 Administrative Agent and the Guaranty Loan Party or Guaranty 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 11.03 of the Credit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by the Administrative Collateral Agent, any other Agent, any Lender or any L/C Issuer or any other Secured Party in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Collateral Agent, any other Agent, the Lenders and any L/C Issuers and the other Secured Parties Issuer hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.025.02, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Collateral Agent, any Lender other Agent or any L/C Issuer Lender may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Collateral Agent and the Guaranty Party Grantor or Guaranty Parties 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
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer the Collateral Agent or any other Secured Party in exercising any right right, power or power 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 right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights and remedies of the Administrative Agent, the L/C Issuers Collateral Agent and the other Secured Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02Section, 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 Credit Agreement or issuance of a Letter of Credit otherwise shall not be construed as a waiver of any Defaultdefault hereunder, regardless of whether the Administrative Agent, any Lender the Collateral Agent or any L/C Issuer other Secured Party may have had notice or knowledge of such Default default at the time. No notice or demand on any Guaranty Loan Party in any case shall entitle any Guaranty such 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 Administrative Collateral Agent and the Guaranty Loan Party or Guaranty 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: Guarantee and Collateral Agreement (Ssa Global Technologies, Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer or any other Secured Party in exercising any right or power hereunder or under any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent, the L/C Issuers and the other Secured Parties hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.026.02, 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 issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. No notice or demand on any Guaranty Party Grantor in any case shall entitle any Guaranty Party 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 Administrative Agent and the Guaranty Party Grantor or Guaranty Parties 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
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, any L/C Issuer Collateral Agent or any other Secured Party in exercising any right right, power or power remedy hereunder or under any other Loan Credit Agreement Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent, the L/C Issuers Collateral Agent and the other Secured Parties hereunder and under the other Loan Credit Agreement Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Guaranty Party Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 4.02SECTION 5.09, 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 or issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Lender Collateral Agent or any L/C Issuer 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 Guaranty Party Pledgor in any case shall entitle any Guaranty Party Pledgor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified (other than as provided in SECTION 5.15 and SECTION 5.16) except pursuant to an agreement or agreements as provided in writing entered into by the Administrative Agent and the Guaranty Party or Guaranty Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Section 10.01 SECTION 9.08 of the Credit Agreement. The Collateral Agent may conclusively rely on a certificate of an officer of the Parent Borrower as to whether any amendment contemplated by this SECTION 5.09(b) is permitted.
Appears in 1 contract