Common use of Waivers and Amendment Clause in Contracts

Waivers and Amendment. All rights and remedies hereunder and under the Note Purchase Agreement and the other Related Documents are cumulative and not alternative, and the Collateral Agent may proceed in any order from time to time against the Pledgor or any guarantor of all or any part of the Obligations and their respective assets. No failure or delay on the part of the Collateral Agent in the exercise of any power, right or privilege shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. Any right or power of the Collateral Agent hereunder respecting the Pledged Collateral and any other property or money held hereunder may at the option of the Collateral Agent be exercised as to all or any part of the same and the term the “Pledged Collateral” wherever used herein, unless the context clearly requires otherwise, shall be deemed to mean (and shall be read as) “the Pledged Collateral and any other property or money held hereunder or any part thereof.” No amendment, modification or waiver of any provision of this Agreement, or consent to any departure by the Pledgor therefrom, shall be effective unless the same shall be in writing and signed by the Collateral Agent and the Pledgor. Each amendment, modification or waiver shall be effective only in the specific instance and for the specific purpose for which it was given.

Waivers and Amendment. All rights and remedies hereunder and under Section 8(b) of the Note Purchase Amended Loan Agreement and the other Related Documents are cumulative and not alternativeis deleted, and the Collateral following paragraph is hereby substituted in its place: So long as the Agent may proceed in any order from time has authority pursuant to time against the Pledgor or any guarantor of all or any part of the Obligations and their respective assets. No failure or delay on the part of the Collateral Agent in the exercise of any powerSection 11(a), right or privilege shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. Any right or power of the Collateral Agent hereunder respecting the Pledged Collateral and any other property or money held hereunder may at the option of the Collateral Agent be exercised as to all or any part of the same and the term the “Pledged Collateral” wherever used herein, unless the context clearly requires otherwise, shall be deemed to mean (and shall be read as) “the Pledged Collateral and any other property or money held hereunder or any part thereof.” No no amendment, modification modification, termination, or waiver of any provision of this AgreementAmended Loan Agreement or any Loan Document to which any Pledgor is a party, or nor consent to any departure by the any Pledgor therefromfrom this Amended Loan Agreement or any Loan Document to which it is a party, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agent Agent, and the Pledgor. Each amendment, modification then such waiver or waiver consent shall be effective only in the specific instance and for the specific purpose for which it was given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by the Agent and the Requisite Lenders of the affected Second Amended and Restated Note, do any of the following: (i) reduce the principal of, or interest on, such Requisite Lenders’ Second Amended and Restated Notes, or any fees hereunder, or modify any provisions relating to conversion of the Requisite Lenders’ Second Amended and Restated Notes, or any other economic terms of the Requisite Lenders’ Second Amended and Restated Notes; (ii) change any date fixed for any payment of principal of, or interest on, the Requisite Lenders’ Second Amended and Restated Notes or any fees thereunder or hereunder; (iii) change the percentage of the unpaid principal amount of the Requisite Lenders’ Second Amended and Restated Notes which shall be required for the Lenders or any of them to take action hereunder; or (iv) amend, modify or waive any provision of this Section, and provided further that no amendment, waiver, or consent shall, unless in writing and signed by the Agent in addition to the Lenders required above to take such action, affect the rights, duties or liabilities of the Agent under this Amended Loan Agreement or any of the Loan Documents. After the Agent’s authority terminates pursuant to Section 11(a), neither this Amended Loan Agreement or any Loan Document, nor any term hereof, may be amended, waived or terminated except by a written instrument signed by the Pledgors and the Requisite Lenders (as defined in Section 2.18(b) of Exhibit C hereto), and any such amendment, waiver or termination shall be binding on all Lenders. Notwithstanding the foregoing, each Lender shall have the right, without the consent of the other Lenders, to agree to any modification or amendment to its Warrants or Amended and Restated Note, but such Lender shall give prompt written notice of the same to the other Lenders and Agent, and the Borrower, on request of any other Lender shall enter into the same modification or amendment with such other Lender as to its Warrants or Second Amended and Restated Note.

Waivers and Amendment. All rights and remedies hereunder and under Section 8(b) of the Note Purchase Amended 2009 Bridge Loan Agreement and the other Related Documents are cumulative and not alternativeis deleted, and the Collateral Agent may proceed following paragraph is hereby substituted in any order from time to time against the Pledgor or any guarantor of all or any part of the Obligations and their respective assets. No failure or delay on the part of the Collateral Agent in the exercise of any power, right or privilege shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. Any right or power of the Collateral Agent hereunder respecting the Pledged Collateral and any other property or money held hereunder may at the option of the Collateral Agent be exercised as to all or any part of the same and the term the “Pledged Collateral” wherever used herein, unless the context clearly requires otherwise, shall be deemed to mean (and shall be read as) “the Pledged Collateral and any other property or money held hereunder or any part thereof.” its place: No amendment, modification modification, termination, or waiver of any provision of this AgreementAmended 2009 Bridge Loan Agreement or any Loan Document to which any Pledgor is a party, or nor consent to any departure by the any Pledgor therefromfrom this Amended 2009 Bridge Loan Agreement or any Loan Document to which it is a party, shall in any event be effective unless the same shall be in writing and signed by the Collateral Agent Requisite Lenders, and then such waiver or consent shall be binding on all of the Pledgor. Each amendment, modification or waiver Lenders (except as set forth in the following proviso) and shall be effective only in the specific instance and for the specific purpose for which it was given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by the Lender against whom enforcement is sought, do any of the following: (i) reduce the principal of, or interest on, such Lender’s Second Amended and Restated Note, or any fees hereunder, or modify any provisions relating to conversion of the such Lender’s Second Amended and Restated Note, or any other economic terms of the such Lender’s Second Amended and Restated Note; (ii) change any date fixed for any payment of principal of, or interest on, such Lender’s Second Amended and Restated Note or any fees thereunder or hereunder; (iii) change the percentage of the unpaid principal amount of such Lender’s Second Amended and Restated Note which shall be required for the Lenders or any of them to take action hereunder; or (iv) amend, modify or waive any provision of this Section. Notwithstanding the foregoing, each Lender shall have the right, without the consent of the other Lenders, to agree to any modification or amendment to its Warrants or Amended and Restated Note, but such Lender shall give prompt written notice of the same to the other Lenders, and the Borrower, on request of any other Lender shall enter into the same modification or amendment with such other Lender as to its Warrants or Second Amended and Restated Note.

Waivers and Amendment. All rights and remedies hereunder and under the Note Purchase Agreement and the other Related Documents are cumulative and given hereby or in addition to all others however arising, but it is not alternative, and the Collateral Agent may proceed intended that any right or remedy be exercised in any order from time to time against the Pledgor or any guarantor of all or any part of the Obligations and their respective assetsjurisdiction in which such exercise would be prohibited by law. No failure or delay on the part of the Collateral Agent Lender in the exercise of any power, right or privilege shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. Any right or power of the Collateral Agent Lender hereunder respecting the Pledged Collateral and any other property or money held hereunder may at the option of the Collateral Agent Lender be exercised as to all or any part of the same and the term the “Pledged Collateral” wherever used herein, unless the context clearly requires otherwise, shall be deemed to mean (and shall be read as) “the Pledged Collateral and any other property or money held hereunder or any part thereof.” No amendment, modification or waiver of any provision of this Agreement, or consent to any departure by the Pledgor therefrom, shall be effective unless the same shall be in writing and signed by the Collateral Agent Lender and the Pledgor. Each amendment, modification or waiver shall be effective only in the specific instance and for the specific purpose for which it was given.