Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder in exercising any right or power hereunder or under any other 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 Secured Parties hereunder and under the other Note Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.
Appears in 7 contracts
Sources: Collateral Agreement (FiberTower CORP), Collateral Agreement (FiberTower CORP), Indenture (FiberTower CORP)
Waivers; Amendment. (a) (a) No failure or delay by the Notes Collateral Agent, the Trustee Agent or any Holder Secured Party in exercising any right or power hereunder or under any other Note Notes 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 Notes Collateral Agent and the Secured Parties hereunder and under the other Note Notes Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase issuance of a Note any Additional First Lien Debt shall not be construed as a waiver of any Default, regardless of whether the Notes Collateral Agent or any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor 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 Notes Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the Indenture.
Appears in 7 contracts
Sources: Intellectual Property Security Agreement (Freescale Semiconductor, Ltd.), Intellectual Property Security Agreement (Freescale Semiconductor, Ltd.), Intellectual Property Security Agreement (Freescale Semiconductor Holdings I, Ltd.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder other Secured Party in exercising any right or power hereunder or under any other Note 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 and the other Secured Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Guaranty Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note 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 Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guaranty Party in any case shall entitle the Borrower or any Guarantor 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 Collateral Administrative Agent and any of the Borrower and the Guarantors 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 Article 10 Section 10.01 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Guaranty Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note 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 Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guaranty Party in any case shall entitle the Borrower or any Guarantor 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 Collateral Administrative Agent and any of the Borrower and the Guarantors 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 Article 10 Section 10.01 of the IndentureCredit 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 Notes Collateral Agent, the Trustee Agent or any Holder Secured Party in exercising any right or power hereunder or under any other Note Notes 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 Notes Collateral Agent and the Secured Parties hereunder and under the other Note Notes Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase issuance of a Note any Additional First Lien Debt shall not be construed as a waiver of any Default, regardless of whether the Notes Collateral Agent or any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor 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 Notes Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the Indenture.
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 Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase making of a Note 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 Secured Party Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Party in any case shall entitle the Borrower or any Guarantor Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Agent, the Trustee Issuing Banks or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase making of a Note 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 Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note 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 Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 Collateral Administrative Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, the Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.089.07, 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 purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, the Collateral Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit 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 Collateral Agent, the Trustee or any Holder in exercising any right or power hereunder or under any other Note Document the Indenture or the Notes 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 Secured Parties Trustee and the Holders hereunder and under the other Note 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 any Note Document this Guaranty or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guaranty Party in any case shall entitle the Borrower or any Guarantor 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 Collateral Agent and any of the Borrower Trustee and the Guarantors 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 Article 10 of the Indenture.
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 Collateral any Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Document the Credit Agreement 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 Secured Parties Agents, the Issuing Banks and the Lenders hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any Secured Party Agent, any Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Paying Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Agent, the Trustee or any Holder in exercising any right or power hereunder or under any other Note Document the Indenture or the Notes 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 Secured Parties Trustee and the Holders hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guaranty Party in any case shall entitle the Borrower or any Guarantor 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 Collateral Agent and any of the Borrower Trustee and the Guarantors 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 Article 10 of the Indenture.
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 Trustee Administrative Agent or any Holder Guaranteed Party in exercising any right or power hereunder or under any other Note 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 Secured Administrative Agent and the Guaranteed Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Guaranty Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note 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 or any Secured Guaranteed Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor 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 Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Agent, the Trustee any other Agent, any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, any other Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party other Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 of the Collateral Agent, the Trustee or any Holder Lender in exercising any power or right or power hereunder or under any other 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 Secured Parties Lender hereunder and under the other Note Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.088.06(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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 Collateral Agent and any of the Borrower and the Guarantors with respect Lender. Any request by the Borrower for a modification, amendment or waiver of any provision of this Agreement shall be made in writing to which the Lender. Any such waiver, amendment consent or modification is approval granted by the Lender shall be effective only in the specific instance and for the purpose for which given. No notice to apply, subject or demand on the Borrower in any case shall entitle the Borrower to any consent required other or further notice or demand in accordance with Article 10 the same, similar or other circumstances.
c) No waiver by the Lender of any breach or default of or by the IndentureBorrower under this Agreement shall be deemed a waiver of any other previous breach or default or any thereafter occurring.
Appears in 4 contracts
Sources: Green Loan Agreement (Avangrid, Inc.), Green Loan Agreement (Avangrid, Inc.), Green Loan Agreement (Avangrid, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder other Secured Party, in exercising any right or power hereunder or under any other Note Credit 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 and the other Secured Parties hereunder and under the other Note Credit Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Foreign Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.07, 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, the acceptance and purchase of a Note 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 Secured Party Lender or the Letter of Credit Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 Collateral Agent and any of the Borrower and the Foreign Guarantor or Foreign Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.11 of the IndentureCredit 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 the Collateral Agent, the Trustee any other Agent, any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, any other Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party other Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 of the Collateral Agent, the Trustee or any Holder Agent in exercising any power or right or power hereunder or under any other 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 Secured Parties Collateral Agent hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent, the other Agents and the Lenders under the other Note 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 Note other Loan Document or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had No notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice to or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower such Grantor or any Guarantor 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 Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to (A) any consent required in accordance with Article 10 Section 10.02 of the IndentureCredit 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 of the Collateral Agent, the Trustee or Administrative Agent of any Holder 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 Note Document hand shall operate as a waiver hereof or 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 hereunder and of the Secured Parties hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 the Collateral Agent and any of the Borrower and between the 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 in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided in 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 Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase making of a Note 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 Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase making of a Note 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 Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.8 of the IndentureCredit 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 Collateral Agent, the Trustee or any Holder Agent in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, 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 purchase making of a Note any Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Collateral Agent or any other Secured Party may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor 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 Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.08 of the IndentureFirst 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 Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.0811, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any such Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither Except as expressly provided in Section 19, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by between the Collateral Administrative Agent and any of the Borrower and the Guarantors each Guarantor with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 4 contracts
Sources: Revolving Credit Agreement (Block, Inc.), Revolving Credit Agreement (Block, Inc.), Revolving Credit Agreement (Square, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Agent or any Holder other Senior Lender in exercising any right or power hereunder or under any other 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 Secured Parties hereunder Collateral Agent and under the other Note Documents Senior Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by Parent, the Borrower Borrower, any other Intercompany Lender or any Guarantor other Intercompany Debtor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on Parent, the Borrower Borrower, any other Intercompany Lender or any Guarantor other Intercompany Debtor in any case shall entitle Parent, the Borrower Borrower, any other Intercompany Lender or any Guarantor other Intercompany Debtor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of Agent, Parent, the Borrower and the Guarantors Intercompany Lenders or Intercompany Debtors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.5 of the IndentureCredit Agreement.
Appears in 3 contracts
Sources: Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any Agent or any Holder Lender in exercising any right right, power or power remedy hereunder or under any other Note 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 each Agent and the Secured Parties Lenders hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, 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 purchase making of a Note Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party Agent or any Lender may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Holdings in any case shall entitle the Borrower or any Guarantor such person to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral each Agent and any of either the Borrower and the Guarantors or Holdings with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 3 contracts
Sources: Term Loan Credit Agreement, Term Loan Credit Agreement (Claires Stores Inc), Guarantee and Collateral Agreement (Claires Stores Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral any Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Agents, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase execution and delivery of this Agreement, the making of a Note Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any Secured Party Agent, any Issuing Bank or any Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, 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 purchase making of a Note 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 Secured Party Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Document 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase making of a Note 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 Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder other Secured Party in exercising any right or power hereunder or under any other 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 Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase making of a Note 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 Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase making of a Note 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 Secured Party Issuing Bank or any Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Agent, the Trustee or Administrative Agent of any Holder 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 Note Document hand shall operate as a waiver hereof or 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 Secured Parties Administrative Agent hereunder and under the other Note Documents Loan 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 the Collateral Agent and any of the Borrower and between the 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 in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided in 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 Notes Collateral Agent, the Trustee or any Holder Secured Party in exercising any right or power hereunder or under any other 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 Notes Collateral Agent and the Secured Parties hereunder and under the other Note Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor 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 Notes Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.01 or 9.02 of the Indenture; 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 Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase making of a Note 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 Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 11.01 of the IndentureCredit 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 the Collateral Agent, the Trustee or any Holder Secured Party in exercising any right right, power or power remedy hereunder or under any other Note 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 Secured Parties hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.10, 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 purchase making of a Note 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 any Secured Party may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to applyeffected thereby, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit 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 Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, any L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 2 contracts
Sources: Credit Agreement, Credit Agreement (Time Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any Lender or any Holder other Secured Party in exercising any right or power hereunder or under any other Note 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 Lenders and any other Secured Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any other Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor 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 Collateral Administrative Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 of the Collateral Agent, the Trustee or Administrative Agent of any Holder 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 Note Document hand shall operate as a waiver hereof or 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 Secured Parties Administrative Agent hereunder and of the Guaranteed Parties under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 the Collateral Agent and any of the Borrower and between the 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 in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided in 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 Collateral Agent, the Trustee Agent or any Holder Secured Party in exercising any right right, power or power remedy hereunder or under any other Note 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 Collateral Agent and the Secured Parties hereunder and under the other Note Documents Loan 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.08, 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 purchase making of a Note Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Collateral Agent or any Secured Party Lender may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 the terms of the IndentureIntercreditor 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 Collateral Facility Agent, the Trustee Collateral Agent or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Facility Agent, Collateral Agent, and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Guarantee or consent to any departure by the Borrower or any Guarantor Guarantee Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Facility Agent, the Collateral Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guarantee Party in any case shall entitle the Borrower or any Guarantor 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 Collateral Facility Agent and any of the Borrower and the Guarantors Guarantee Party or Guarantee Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section [12.02] of the IndentureFacility Agreement.
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement (Equinix Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note 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 Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 Collateral Administrative Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Sources: Guarantee Agreement (Usg Corp), Guarantee Agreement (Usg Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or any Holder Agent in exercising any power or right or power hereunder or under any other 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 Collateral Agent hereunder and of the Collateral Agent, the Trustee, the Holders and the other Secured Parties hereunder and under the other Note 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 Note Document or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had No notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice to or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower such Grantor or any Guarantor other Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 IX of the Indenture.
Appears in 2 contracts
Sources: Security Agreement (Great Atlantic & Pacific Tea Co Inc), Security Agreement (Great Atlantic & Pacific Tea Co Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, Agent or the Trustee or any Holder Secured Party in exercising any right or power hereunder or under any other the Loan Proceeds 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 Collateral Agent and the Secured Parties Party hereunder and under the other Loan Proceeds Note Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any this Agreement or the Loan Proceeds Note Document or consent to any departure by the Borrower Grantor or any Guarantor the Secured Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower Grantor or any Guarantor the Secured Party in any case shall entitle the Borrower Grantor or any Guarantor 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 Collateral Agent and any of Agent, the Borrower Grantor and the Guarantors Secured Party with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Agent, the Trustee or any Holder in exercising any right or power hereunder or under any other Note Indenture 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 Secured Parties Collateral Agent, the Trustee and the Holders hereunder and under the other Note Indenture Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Indenture Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Indenture Party in any case shall entitle the Borrower or any Guarantor Indenture 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 in accordance with the Indenture, pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Indenture Party or Indenture Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.
Appears in 2 contracts
Sources: Collateral Agreement (International Wire Group Inc), Collateral Agreement (International Wire Rome Operations, Inc.)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or Administrative Agent of any Holder 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 Note Document hand shall operate as a waiver hereof or 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 Secured Parties Administrative Agent hereunder and of the Lenders under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 the Collateral Agent and any of the Borrower and between the 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 in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided in the Credit Agreement).
Appears in 2 contracts
Sources: Revolving Credit Agreement (Heico Corp), Revolving Credit Agreement (Heico Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom Grantor herefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the acceptance and purchase of a Note B/A or 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 Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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, the Collateral Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right right, power or power remedy hereunder or under any other Note Loan Document shall operate as a waiver hereof or thereof, 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 Secured Parties Administrative Agent, the Collateral Agent, the Issuing Bank and the Lenders hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower Parent or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.09, 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 purchase making of a Note 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, the Collateral Agent, any Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Parent in any case shall entitle the Borrower or any Guarantor Parent to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to applyParent, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Sources: Pledge Agreement (R H Donnelley Corp), Pledge Agreement (Dex Media East LLC)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Agent or any Holder Noteholder in exercising any right right, remedy, power or power privilege hereunder or under any other Note Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, remedy, power or powerprivilege hereunder, 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 Secured Parties Collateral Agent and the Noteholders hereunder and under the other Note Documents are cumulative and are not exclusive of any rights or remedies rights, remedies, powers and privileges that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase execution and delivery of a Note this Agreement shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent or any Secured Party Noteholder may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 18.1 of the IndentureNote Purchase Agreement.
Appears in 2 contracts
Sources: Security Agreement (Velocity Financial, Inc.), Security Agreement (Velocity Financial, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any other Agent, any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, any other Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase making of a Note 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 Secured Party other Agent, any Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Agent, the Trustee or any Holder JPM in exercising any right right, power or power remedy hereunder or under any other Note Document Guaranty or the Merger Agreement 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 Secured Parties JPM hereunder and under the other Note Documents each Guaranty and the Merger Agreement are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, 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 purchase payment or satisfaction of a Note any Underlying Liability shall not be construed as a waiver of any Defaultdefault or event of default, regardless of whether any Secured Party JPM may have had notice or knowledge of such Default default or event of default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 Collateral Agent and any of the Borrower JPM and the Guarantors Pledgor with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.
Appears in 2 contracts
Sources: Guarantee and Collateral Agreement (J P Morgan Chase & Co), Guarantee and Collateral Agreement (Bear Stearns Companies Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any Issuing Lender or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Issuing Lenders and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, 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 purchase making of a Note 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 Secured Party Lender or any Issuing Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.1 of the IndentureCredit 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 of the Collateral Agent, the Trustee or any Holder Agent in exercising any power or right or power hereunder or under any other 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 Collateral Agent hereunder and of the Collateral Agent and the other Secured Parties hereunder and under the other Note Support Documents and the Secured Instruments are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision provisions of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Pledgor in any case shall entitle the Borrower or any Guarantor such Pledgor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an a written agreement or agreements in writing entered into by between the Collateral Agent and any of the Borrower and the Guarantors Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 11.02 of the IndentureCollateral Agency and Intercreditor Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Leap Wireless International Inc), Borrower Pledge Agreement (Leap Wireless International Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder Agent in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, 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 purchase making of a Note Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Collateral Agent or any other Secured Party may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor 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 Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note 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 Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Usg Corp), Guarantee Agreement (Usg Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or any Holder Agent in exercising any power or right or power hereunder or under any other 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 Collateral Agent hereunder and of other Secured Parties hereunder and under the other Note 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 Note other Loan Document or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had No notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice to or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor such 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 between any Grantor and the Collateral Agent, with the prior written consent of the Required Secured Parties; PROVIDED, HOWEVER, that except as provided herein or in the other Loan Documents, no such agreement shall amend, modify, waive or otherwise affect the rights or duties of the Collateral Agent and any hereunder without the prior written consent of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the IndentureCollateral Agent.
Appears in 2 contracts
Sources: Intellectual Property Security Agreement (Ucar International Inc), Intellectual Property Security Agreement (Ucar International Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note 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 Secured Party Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, 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 purchase making of a Note 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 Secured Party Issuing Bank or any Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice to or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Agent, Agent or the Trustee or any Holder Secured Party in exercising any right or power hereunder or under any other the Loan Proceeds 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 Collateral Agent and the Secured Parties Party hereunder and under the other Loan Proceeds Note Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any this Agreement or the Loan Proceeds Note Document or consent to any departure by the Borrower Grantor or any Guarantor the Secured Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower Grantor or any Guarantor the Secured Party in any case shall entitle the Borrower Grantor or any Guarantor 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 Collateral Agent and any of Agent, the Borrower Grantor and the Guarantors Secured Party with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 of the Collateral Agent, the Trustee or any Holder Administrative Agent in exercising any right or power hereunder or under any other 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 powers of the Secured Parties Administrative Agent hereunder and of the Guarantied Parties under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 the Collateral Agent and any of the Borrower and between the Guarantors (subject to the immediately following sentence) with respect to which such waiver, amendment or modification is relates and the Administrative Agent, with the prior written consent of the Required Lenders (except as otherwise provided in the Credit Agreement). This Agreement shall be construed as a separate agreement with respect to applyeach Guarantor and may be amended, subject modified, supplemented, waived or released with respect to any consent required in accordance with Article 10 Guarantor without the approval of any other Guarantor and without affecting the Indentureobligations of any other Guarantor hereunder.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Fortegra Financial Corp), Subsidiary Guaranty Agreement (Fortegra Financial Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or any Holder Agent in exercising any power or right or power hereunder or under any other 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 Secured Parties Collateral Agent hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the other Note 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 Note other Loan Document or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had No notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice to or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower such Grantor or any Guarantor other Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement or any Intercreditor Agreement.
Appears in 2 contracts
Sources: Security Agreement (Advance Auto Parts Inc), Security Agreement (Advance Auto Parts Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right right, power or power remedy hereunder or under any other Note 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 Secured Parties Administrative Agent and the Lenders hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, 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 purchase making of a Note Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent or any Secured Party Lender may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.08 of the IndentureTerm 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 of the Collateral Agent, the Trustee or any Holder Agent in exercising any power or right or power hereunder or under any other 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 Secured Parties Collateral Agent hereunder and of the Collateral Agent, the Fronting Banks, the Administrative Agent and the Lenders under the other Note 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 Note other Loan Document or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had No notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice to or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower such Grantor or any Guarantor other Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Shared Technologies Inc), Security Agreement (Shared Technologies Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or any Holder Lender in exercising any power or right or power hereunder or under any other 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 Secured Parties Lender hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision of this Agreement or any Note other Loan Document or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor to any other or further notice or demand in similar or other circumstances. Each holder of any of the Notes shall be bound by any amendment, modification, waiver or consent authorized as provided herein, whether or not such Note shall have been marked to indicate such amendment, modification, waiver or consent.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the IndentureLender.
Appears in 2 contracts
Sources: Credit Agreement (Birner Dental Management Services Inc), Credit Agreement (Colorado Medtech Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit 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 Collateral Administrative Agent, the Trustee any other Agent, any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the other Agents, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase making of a Note 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 Secured Party other Agent, any Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Party in any case shall entitle the Borrower or any Guarantor Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Notes Collateral Agent, the Trustee or any Holder Agent in exercising any right or power hereunder or under any other Note Document shall operate as a waiver hereof or thereof, 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 Secured Parties Notes Collateral Agent hereunder and under the other Note Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower Issuer or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase issuance of a Note Notes shall not be construed as a waiver of any DefaultDefault hereunder, regardless of whether any Secured Party the Notes Collateral Agent may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower Issuer or any Guarantor Grantor in any case shall entitle the Borrower Issuer or any Guarantor 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 Notes Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 12.12 of the Indenture.
Appears in 2 contracts
Sources: Notes Collateral Agreement (Builders FirstSource, Inc.), Notes Collateral Agreement (Builders FirstSource, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase making of a Note 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 Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral AgentTrustee, the Trustee Second Lien Agent or any Holder in exercising any right or power hereunder or under any other Note Second Lien 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 Secured Parties Trustee, the Second Lien Agent and the Holders hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Second Lien Secured Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase of a Note Notes shall not be construed as a waiver of any Default, regardless of whether the Trustee, the Second Lien Agent or any Secured Party Holder may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower any Grantor or any Guarantor Second Lien Secured Party in any case shall entitle the Borrower any Grantor or any Guarantor 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 Collateral Second Lien Agent and any of the Borrower and the Guarantors party hereto with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the Second 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 Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note 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 Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit 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 Collateral Agent, the Trustee Administrative Agent or any Holder other Senior Lender in exercising any right or power hereunder or under any other 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 Secured Parties hereunder Administrative Agent and under the other Note Documents Senior Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower any Intercompany Lender or any Guarantor Intercompany Debtor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower any Intercompany Lender or any Guarantor Intercompany Debtor in any case shall entitle the Borrower any Intercompany Lender or any Guarantor 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 Collateral Agent and any of Administrative Agent, the Borrower and the Guarantors Intercompany Lenders or Intercompany Debtors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.5 of the IndentureCredit 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 Collateral Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, each Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit 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 Collateral Agent, the Trustee Administrative Agent or any Holder other Guaranteed Party in exercising any right or power hereunder or under any other Note 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 Secured Administrative Agent and the other Guaranteed Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase execution and delivery of this Agreement or the Facility Agreement or the making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Secured other Guaranteed Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 Collateral Administrative Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureFacility Agreement.
Appears in 2 contracts
Sources: Guarantee Agreement (Amcor PLC), Guarantee Agreement (Amcor PLC)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Agent or any Holder other Secured Party in exercising any right right, power or power remedy hereunder or under any other Note Notes 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 Collateral Agent and the other Secured Parties hereunder and under the other Note Notes 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.09, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Pledgor in any case shall entitle the Borrower or any Guarantor Pledgor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 IX of the Notes Indenture. The Collateral Agent may conclusively rely on a certificate of an officer of the Issuer as to whether any amendment contemplated by this Section 5.09(b) is permitted.
(c) Notwithstanding anything to the contrary contained herein, the Collateral Agent may grant extensions of time or waivers of the requirement for the creation or perfection of security interests in or the obtaining of insurance (including title insurance) or surveys with respect to particular assets (including extensions beyond the Issue Date for the perfection of security interests in the assets of the Pledgors on such date) where it reasonably determines, in consultation with the Issuer, that perfection or obtaining of such items cannot be accomplished without undue effort or expense by the time or times at which it would otherwise be required by this Agreement or the other Notes Documents.
Appears in 2 contracts
Sources: Collateral Agreement (Second Lien) (ADT, Inc.), Collateral Agreement (Second Lien) (ADT, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by Holdings or the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on Holdings or the Borrower or any Guarantor in any case shall entitle Holdings or the Borrower or any 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 Collateral Agent and any of the Borrower Administrative Agent, Holdings and the Guarantors with respect to which such waiver, amendment or modification is to applyBorrower, subject to any consent required in accordance with Article 10 Section 8.08 of the IndentureTerm Loan Agreement.
Appears in 2 contracts
Sources: Collateral Agreement (Silver Lake Investors Lp), Collateral Agreement (H&f Investors Iv LLC)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder Secured Party of any kind in exercising any power or right or power hereunder or under any other 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 Secured Parties hereunder and of the Lenders under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Pledge Agreement or consent to any departure by the Borrower or any Guarantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Pledgor in any case shall entitle the Borrower or any Guarantor 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 Collateral Agent and any of the Borrower and the Guarantors 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 in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided below and in 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 ------------------ Collateral Agent, the Trustee or any Holder Agent in exercising any power or right or power hereunder or under any other 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 Secured Parties Collateral Agent hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the other Note 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 Note other Loan Document or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had No notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice to or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower such Grantor or any Guarantor other Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Sources: Credit Agreement (Ixl Enterprises Inc), Security Agreement (Kansas City Southern Industries Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or of Lender of any Holder kind in exercising any power, right or power remedy hereunder and no course of dealing between any Guarantor on the one hand and Lender or under any holder of any Note on the other Note Document hand shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such power, right or powerremedy hereunder, or under any Loan Document, Rate Management Agreement, or any document relating to any Treasury Management Obligation, 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 Secured Parties Lender hereunder and under the other Note Documents Loan Documents, the Rate Management Agreements and any document relating to any Treasury Management Obligation, as applicable, are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 the Collateral Agent and any of the Borrower and between the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenturerelates and Lender.
Appears in 2 contracts
Sources: Credit Agreement (Superior Uniform Group Inc), Credit Agreement (Superior Uniform Group Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder Secured Party of any kind in exercising any power, right or power remedy hereunder and no course of dealing between any Pledgor on the one hand and the administrative Agent or under the holder of any Note on the other Note Document hand shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such power, right or powerremedy hereunder or 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 Secured Parties hereunder and of the Lenders under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Pledge Agreement or consent to any departure by the Borrower or any Guarantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Pledgor in any case shall entitle the Borrower or any Guarantor 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 Collateral Agent and any of the Borrower and the Guarantors 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 in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided in the Credit Agreement).
Appears in 2 contracts
Sources: Revolving Credit Agreement (Maximus Inc), Pledge Agreement (Maximus Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any other Agent, any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, any other Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party other Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent to the extent required in accordance with Article 10 by Section 10.01 of the IndentureCredit 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 of the Collateral Agent, the Trustee or Administrative Agent of any Holder kind in exercising any power, right or power remedy hereunder and no course of dealing between any Guuarantor on the one hand and the Administrative Agent or under any holder of any Guaranteed Obligation on the other Note Document hand shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such power, right or powerremedy hereunder, under any other Loan Document, under any agreement relating to Hedging Obligations or Treasury Management Obligations 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 Secured Parties Administrative Agent hereunder and of the Lenders and the Issuing Banks under the other Note Loan Documents and under any agreement relating to Hedging Obligations or Treasury Management Obligations are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.0814(b), 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 the Collateral Agent and any of the Borrower and the Guarantors between each affected Loan Party 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 required in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided in the Credit Agreement).
Appears in 2 contracts
Sources: Credit Agreement (Aaron's Company, Inc.), Credit Agreement (Aaron's Company, Inc.)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or any Holder ------------------- Security Agent in exercising any power or right or power hereunder or under any other 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 Secured Parties Security Agent hereunder and of the Security Agent, the Agent and the Lenders under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision provisions of this Agreement or any Note other Loan Document or consent to any departure by the Borrower or any Guarantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Pledgor in any case shall entitle the Borrower such Pledgor or any Guarantor other Pledgor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Security Agent and any of the Borrower and the Guarantors Pledgor or Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.05 of the IndentureCredit Agreement.
Appears in 1 contract
Sources: Pledge Agreement (Brylane Inc)
Waivers; Amendment. (a) No failure or delay by any of the Collateral AgentAgents, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Agents, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase of B/As or issuance of a Note Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any Secured Party of the Agents, any Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any each of the Borrower Agents and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureRevolving Credit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder other Secured Party in exercising any right or power hereunder or under any other Note 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 and the other Secured Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the any Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note 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 Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 Collateral Administrative Agent and any of the Borrower and the Guarantors 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 Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 1 contract
Sources: Guaranty (Biolectron, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any other Agent, any LC Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 and the other Secured Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party other Agent, any Arranger, any Lender or any LC Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower Required Lenders and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, and acknowledged by the Administrative Agent, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement and the other terms of such Section.
Appears in 1 contract
Sources: Guarantee and Collateral Agreement (Spectrum Brands, Inc.)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee Agent or any Holder other Secured Party in exercising any power or right or power hereunder or under any other Note Document and no course of dealing between the parties hereto 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 hereunder and of the other Secured Parties hereunder and under the other Note Credit Transaction 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 Note other Credit Transaction Document or consent to any departure by the Borrower or any either Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 each Guarantor and the Collateral Agent and any Agent, with the prior written consent of the Borrower Required Lenders and the Guarantors with respect to which Required Holders; PROVIDED, HOWEVER, that except as provided herein or in the other Credit Transaction Documents, no such waiveragreement shall amend, amendment modify, waive or modification is to apply, subject to otherwise adversely affect a Secured Party's rights and interests in any consent required in accordance with Article 10 material amount of the IndentureCollateral without the prior written consent of such Secured Party.
Appears in 1 contract
Sources: Credit Agreement (Ta Operating Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other 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 Secured Parties Collateral Agent, the Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Administrative Agent, the Trustee Collateral Agent or any Holder Lender in exercising any power or right or power hereunder or under any other Note 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 Secured Parties Administrative Agent, the Collateral Agent and the Lenders hereunder and under the other Note 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 Note other Loan Document or consent to any departure by the Borrower or any Guarantor other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither No amendment or waiver of any provision of this Agreement nor or any provision hereof may other Loan Document, and no consent to any departure by the Borrower or any other Loan Party therefrom, shall be waived, amended or modified except pursuant to an agreement or agreements effective unless in writing entered into signed by the Collateral Agent Required Lenders and any of the Borrower or the applicable Loan Party, as the case may be, and each such waiver or consent shall be effective only in the Guarantors with respect to specific instance and for the specific purpose for which given; provided, however, that no such waiveramendment, amendment waiver or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.shall:
Appears in 1 contract
Sources: Credit Agreement (Kate Spade & Co)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or Administrative Agent of any Holder 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 Note Document hand shall operate as a waiver hereof or 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 Secured Parties Administrative Agent hereunder and of the Guaranteed Parties under the other Note Loan Documents, the Hedging Documents and the Treasury 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 the Collateral Agent and any of the Borrower and between the 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 in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided in the Credit Agreement).
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or Agent of any Holder kind in exercising any power, right or power remedy hereunder and no course of dealing between any Guarantor on the one hand and Collateral Agent or under any holder of any Note on the other Note Document hand shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such power, right or powerremedy hereunder, under any other Loan Document, any other LCF Document or 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 Collateral Agent hereunder and of the Secured Parties hereunder and under the other Note Loan Documents, the other LCF 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any 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 the Collateral Agent and any of the Borrower and the Guarantors between each Guarantor with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of relates and the IndentureCollateral Agent.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, 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 purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 1 contract
Sources: Guaranty (Encore Medical, L.P.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, of the Trustee or any Holder in exercising any power or right or power hereunder or under any other 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 Secured Parties Trustee and the Holders hereunder and under the other Note Indenture Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Security Agreement or any Note other Indenture Document or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor such Grantor to any other or further notice or demand in similar or other circumstances.
(b) . Neither this Security Agreement nor any provision hereof may be waived, amended amended, supplemented or modified otherwise modified, or any departure therefrom consented to, except pursuant to an agreement or agreements in writing entered into by by, between or among the Collateral Agent and any of the Borrower Trustee and the Guarantors Grantor or Grantors with respect to which such waiver, amendment amendment, other modification or modification consent is to apply, subject to any consent required in accordance with Article 10 IX of the Indenture.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or Administrative Agent of any Holder 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 Note Document hand shall operate as a waiver hereof or 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 hereunder and of the Secured Parties hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any such Guarantor to any other or further notice or demand in similar or other circumstances.. [FORM ATTACHED AS EXHIBIT β DO NOT EXECUTE WITH AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT]
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an a written agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and between the 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 in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided in the Credit Agreement).
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by on the Collateral Agent, the Trustee or part of any Holder party hereto in exercising any right or power hereunder or under any other 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 Secured Parties hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor party hereto in any case shall entitle the Borrower or any Guarantor 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 each Representative and the Collateral Agent Issuers; provided, however, that this Agreement may be amended from time to time (x) as provided in Section 2.10 and any (y) at the sole request and expense of the Borrower Issuers, and without the Guarantors with respect consent of either Representative, to which add, pursuant to the Intercreditor Agreement Joinder, additional Grantors whereupon such waiver, amendment or modification is Person will be bound by the terms hereof to apply, subject to any consent required in accordance with Article 10 the same extent as if it had executed and delivered this Agreement as of the Indenturedate hereof. Any amendment of this Agreement that is proposed to be effected without the consent of a Representative as permitted by the proviso to the preceding sentence shall be submitted to such Representative for its review at least 5 business days prior to the proposed effectiveness of such amendment.
Appears in 1 contract
Sources: Lien Subordination and Intercreditor Agreement (Solo Cup CO)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder Secured Party in exercising any right or power hereunder or under the Indenture or any other Note Second-Lien Notes 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 Secured Parties hereunder and under the Indenture or any other Note Documents Second-Lien Notes Document are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document in this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by have been effected in accordance with paragraph (b) of this Section 6.087.02, 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 purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 9 of the Indenture.
Appears in 1 contract
Sources: Second Lien Notes Collateral Agreement (Walter Energy, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder in exercising any right or power hereunder or under any other Note 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 Secured Parties Collateral Agent hereunder and under the other Note 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 any Note Document this Agreement or consent to any departure by the Borrower Grantor or any Guarantor Member, as applicable, therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, 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 purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether any Secured Party the Collateral Agent may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower Grantor or any Guarantor Member, as applicable, in any case shall entitle the Borrower Grantor or any Guarantor Member, as applicable, to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to applyparties hereto, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 1 contract