Xxxxxxxxxx xxx Xxxxxxx. Xxxx Xxxxx Xxxxxx Xxxxxxxxx xxx only be modified or amended by a document signed by all parties. Any provision contained in this Share Pledge Agreement may only be waived by a document signed by the party waiving such provision.
Xxxxxxxxxx xxx Xxxxxxx. This Agreement may be amended, modified, superseded, cancelled, renewed or extended only by a written instrument executed by both of the parties hereto, or in the case of a waiver, by the party waiving a provision hereof. Failure of either party at any time or times to require performance of any provision hereof shall in no manner effect the right of such party at a later time to enforce the same. No waiver by either party of the breach of any term or covenant contained in this Agreement, whether by conduct or otherwise, shall be deemed to be a further or continuing waiver of any such breach or a waiver of any other term or covenant herein.
Xxxxxxxxxx xxx Xxxxxxx. Xx xxxxx xxx xxxxxx xxx xxxxxx xx xxxxxations hereunder without the prior written consent of the other party. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. Any assignment in contravention of this provision shall be void.
Xxxxxxxxxx xxx Xxxxxxx. Xxxx xxxxxxxxx xxxxl enure to the benefit of and be binding upon the respective successors and assigns of the parties hereto.
Xxxxxxxxxx xxx Xxxxxxx. Xxxx xxxxxxxxx xxxxx xxxxx xo the benefit of and be binding upon the Bank, its successors and assigns, including, without limitation, any corporation which may acquire all or substantially all of the Bank's assets and business or into which the Bank may be consolidated or merged, and the Executive, his heirs, executors, administrators and legal representatives.
Xxxxxxxxxx xxx Xxxxxxx. Xxxx Xxxxx xxxxx xx xxxxxxx xxxx xxd inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.
Xxxxxxxxxx xxx Xxxxxxx. Xxxx Xxxxxxxxx xxxxx xxxxx xo the benefit of and be binding upon the successors and assigns of each of the parties hereto and the Holders; PROVIDED, HOWEVER, that this Agreement shall not inure to the benefit of or be binding upon a successor or assign of a Holder unless such successor or assign holds Registrable Securities.
Xxxxxxxxxx xxx Xxxxxxx. Xxx xxxx xx xxxx Xgreement may be amended and the observance of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively), only with the written consent of the Company and the Lender. Any amendment or waiver effected in accordance with this Section shall be binding upon each holder of any Securities at the time outstanding, each future holder of such securities, and the Company; provided, however, that no condition set forth in Section 6 may be waived with respect to any Lender who does not consent thereto. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. No waiver granted under this Agreement as to any one provision herein shall constitute a subsequent waiver of such provision or of any other provision herein, nor shall it constitute the waiver of any performance other than the actual performance specifically waived.
Xxxxxxxxxx xxx Xxxxxxx. Xxxx Xxxxxxxxx shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; provided, however, that no party hereto may assign his, her or its rights or delegate his, her or its obligations, in whole or in part, under this Agreement without the prior written consent of the other parties hereto. Any assignment in violation of this Agreement shall be null and void ab initio. Notwithstanding the foregoing, the parties hereto acknowledge and agree that each of Parent and the Company may pledge its respective rights under this Agreement and all related documents to the extent reasonably necessary to secure financing for the transactions contemplated by this Agreement.
Xxxxxxxxxx xxx Xxxxxxx. Xxxx Xxxxxxxxx xxxxl inure to the benefit of the successors and assigns of the parties hereto, subject to the limitations herein provided. The Trustee shall have the right, subject to the terms of the Pooling Agreement, without the consent of the Custodian or the Depositor (but with notice in writing to the Custodian), to assign, in whole or in part, its interest under this Agreement with respect to the Mortgage Loans to one or more parties including the Depositor and affiliates thereof, each of which in turn may assign, and in the case of the Depositor shall assign, its interest under this Agreement with respect to the Mortgage Loans to one or more parties, and such parties shall succeed to the rights of the Trustee under this Agreement with respect to the applicable Mortgage Loans. All references to the Trustee in this Agreement shall be deemed to include its assignee or designee and any subsequent assignee, specifically including the Depositor and the Trustee. The Custodian shall have the right to assign, in whole or in part, its interest under this Agreement only with the prior written consent of the Trustee and the Depositor or in accordance with Section 16 hereof.
