Common use of Amendments, Modifications and Waivers Clause in Contracts

Amendments, Modifications and Waivers. No failure or delay on the part of the Bank in exercising any power or right hereunder or under any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. No amendment, modification or waiver of any provision of this Agreement, any Note, the Depositary Agreement or the Security Agreement and no consent to any departure by the Company therefrom shall in any event be effective unless the same shall be in writing and signed by the Bank and the Required Lenders; provided, however, that without the prior written consent of all Lenders, no such amendment, modification, waiver or consent shall (i) extend the Termination Date or otherwise postpone any date fixed for payment of any portion of the principal of, or interest on, any Loan, or any reimbursement on account of any LOC Payment, or the Commitment Fees or the Letter of Credit Fees, (ii) release Collateral (as defined in the Security Agreement) other than in the ordinary course of business, (iii) reduce the principal of, or interest on, any Loan, or the amount of any reimbursement on account of any LOC Payment, or the amount of the Commitment Fees or Letter of Credit Fees or (iv) change the number of Lenders (or the Pro Rata Shares of Lenders) required to take any action hereunder. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Company in any case shall, of itself, entitle the Company to any other or further notice or demand in similar or other circumstances. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Amendments, Modifications and Waivers. No failure or delay on the part of the Bank in exercising any power or right hereunder or under any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. No amendment, modification or waiver of any provision of this Agreement, any Note, the Depositary Agreement or the Security Agreement and no consent to any departure by the Company therefrom shall in any event be effective unless the same shall be in writing and signed by the Bank and the Required Lenders; , provided, however, that without the prior written consent of all Lenders, no such amendment, modification, waiver or consent shall (i) extend the Termination Date or otherwise postpone any date fixed for payment of any portion of the principal of, or interest on, any Loan, or any reimbursement on account of any LOC Payment, or the Commitment Fees or the Letter of Credit Fees, (ii) release Collateral (as defined in the Security Agreement) other than in the ordinary course of business, (iii) reduce the principal of, or interest on, any Loan, or the amount of any reimbursement on account of any LOC Payment, or the amount of the Commitment Fees or Letter of Credit Fees or (iv) change the number of Lenders (or the Pro Rata Shares of Lenders) required to take any action hereunder. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Company in any case shall, of itself, entitle the Company to any other or further notice or demand in similar or other circumstances. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Amendments, Modifications and Waivers. No failure or delay on the part of the Bank in exercising any power or right hereunder or under any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. No amendment, modification or waiver of any provision of this Agreement, any Note, the Depositary Agreement or the Security Agreement and no consent to any departure by the Company Trust therefrom shall in any event be effective unless the same shall be in writing and signed by the Bank and the Required Lenders; , provided, however, that without the prior written consent of all Lenders, no such amendment, modification, waiver or consent shall (i) extend the Termination Date or otherwise postpone any date fixed for payment of any portion of the principal of, or interest on, any Loan, or any reimbursement on account of any LOC Payment, or the Commitment Fees or the Letter of Credit Fees, (ii) release Collateral (as defined in the Security Agreement) other than in the ordinary course of business, (iii) reduce the principal of, or interest on, any Loan, or the amount of any reimbursement on account of any LOC Payment, or the amount of the Commitment Fees or Letter of Credit Fees or (iv) change the number of Lenders (or the Pro Rata Shares of Lenders) required to take any action hereunder. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Company Trust in any case shall, of itself, entitle the Company Trust to any other or further notice or demand in similar or other circumstances. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Amendments, Modifications and Waivers. No failure or delay on the part of the Bank in exercising any power or right hereunder or under any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. No amendment, modification or waiver of any provision of this Agreement, any Note, the Depositary Agreement or the Security Agreement and no consent to any departure by the Company therefrom shall in any event be effective unless the same shall be in writing and signed by the Bank and the Required Lenders; , provided, however, that without the prior written consent of all Lenders, no such amendment, modification, modification or waiver or consent shall (i) extend the Termination Date or otherwise postpone any date fixed for payment of any portion of the principal of, or interest on, any Loan, or any reimbursement on account of any LOC Payment, or the Commitment Fees or the Letter of Credit Fees, (ii) release Collateral (as defined in the Security Agreement) other than in the ordinary course of business, business or (iii) reduce the principal of, or interest on, any Loan, or the amount of any reimbursement on account of any LOC Payment, or the amount of the Commitment Fees or Letter of Credit Fees or (iv) change the number of Lenders (or the Pro Rata Shares of Lenders) required to take any action hereunderFees. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Company in any case shall, of itself, entitle the Company to any other or further notice or demand in similar or other circumstances. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Amendments, Modifications and Waivers. No failure or delay on the part of the Bank in exercising any power or right hereunder or under any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. No amendment, modification or waiver of any provision of this Agreement, any Note, the Depositary Agreement or the Security Agreement and no consent to any departure by the Company Trust therefrom shall in any event be effective unless the same shall be in writing and signed by the Bank and the Required Lenders; , provided, however, that without the prior written consent of all Lenders, no such amendment, modification, modification or waiver or consent shall (i) extend the Termination Date or otherwise postpone any date fixed for payment of any portion of the principal of, or interest on, any Loan, or any reimbursement on account of any LOC Payment, or the Commitment Fees or the Letter of Credit Fees, (ii) release Collateral (as defined in the Security Agreement) other than in the ordinary course of business, business or (iii) reduce the principal of, or interest on, any Loan, or the amount of any reimbursement on account of any LOC Payment, or the amount of the Commitment Fees or Letter of Credit Fees or (iv) change the number of Lenders (or the Pro Rata Shares of Lenders) required to take any action hereunderFees. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Company Trust in any case shall, of itself, entitle the Company Trust to any other or further notice or demand in similar or other circumstances. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Amendments, Modifications and Waivers. No failure or delay on the part of the Bank in exercising any power or right hereunder or under any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. No amendment, modification or waiver of any provision of this Agreement, any Note, the Depositary Agreement or the Security Agreement and no consent to any departure by the Company therefrom shall in any event be effective unless the same shall be in writing and signed by the Bank and the Required Lenders; , provided, however, that without the prior written consent of all Lenders, no such amendment, modification, waiver or consent shall (i) extend the Termination Date or otherwise postpone any date fixed for payment of any portion of the principal of, or interest on, any Loan, or any reimbursement on account of any LOC Payment, or the Commitment Fees or the Letter of Credit Fees, (ii) release Collateral (as defined in the Security Agreement) other than in the ordinary course of business, (iii) reduce the principal of, or interest on, any Loan, or the amount of any reimbursement on account of any LOC Payment, or the amount of the Commitment Fees or Letter of Credit Fees or (iv) change the number of Lenders (or the Pro Rata Shares of Lenders) required to take any action hereunder. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Company in any case shall, of itself, entitle the Company to any other or further notice or demand in similar or other circumstances. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. Extension of Maturity. Should the principal of or interest on any B Note or any Loan evidenced thereby, or any mandatory prepayment of the principal thereof, or any other amount payable hereunder, become due and payable on other than a Business Day, the maturity thereof shall be extended to the next succeeding Business Day and, in the case of principal or reimbursement, interest shall be payable thereon at the rate per annum herein specified during such extension.

Amendments, Modifications and Waivers. No failure or delay on the part of the Bank in exercising any power or right hereunder or under any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. No amendment, modification or waiver of any provision of this Agreement, any Note, the Depositary Agreement or the Security Agreement and no consent to any departure by the Company therefrom shall in any event be effective unless the same shall be in writing and signed by the Bank and the Required Lenders; provided, however, that without the prior written consent of all Lenders, no such amendment, modification, waiver or consent shall (i) extend the Termination Date or otherwise postpone any date fixed for payment of any portion of the principal of, or interest on, any Loan, or any reimbursement on account of any LOC Payment, or the Commitment Fees or the Letter of Credit Fees, (ii) release Collateral (as defined in the Security Agreement) other than in the ordinary course of business, (iii) reduce the principal of, or interest on, any Loan, or the amount of any reimbursement on account of any LOC Payment, or the amount of the Commitment Fees or Letter of Credit Fees or (iv) change the number of Lenders (or the Pro Rata Shares of Lenders) required to take any action hereunder. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Company in any case shall, of itself, entitle the Company to any other or further notice or demand in similar or other circumstances. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. Extension of Maturity. Should the principal of or interest on any B Note or any Loan evidenced thereby, or any mandatory prepayment of the principal thereof, or any other amount payable hereunder, become due and payable on other than a Business Day, the maturity thereof shall be extended to the next succeeding Business Day and, in the case of principal or reimbursement, interest shall be payable thereon at the rate per annum herein specified during such extension.

Amendments, Modifications and Waivers. No amendment, modification or waiver of any provision of this Agreement shall be effective unless such modification or waiver shall be in writing and signed by duly authorized officers of the Required Lenders and a duly authorized officer of each Borrower, and the same shall then be effective only for the period and on the conditions and for the specific instances specified in such writing; provided, however, that no such amendment, waiver or consent shall (i) extend or increase the Commitment of any Lender without the written consent of such Lender; (ii) postpone any date fixed by this Agreement for any payment or mandatory prepayment of principal, interest, fees or other amounts due to the Lenders (or any of them) hereunder without the written consent of each Lender directly affected thereby; (iii) reduce the principal of, or the rate of interest specified herein on, any Advance or any fees or other amounts payable hereunder without the written consent of each Lender directly affected thereby; (iv) change this Agreement in a manner that would alter the pro rata sharing of payments required thereby, or change any provision relating to the pro rata disbursement of funds to the Lenders, in each case, without the written consent of each Lender; (v) change any provision of this Section or the definition of “Required Lenders” or any other provision hereof specifying the number or percentage of Lenders required to amend, waive or otherwise modify any rights hereunder or make any determination or grant any consent hereunder without the written consent of each Lender; or (vi) terminate this Agreement without the written consent of each Lender. No failure or delay on the part of the Bank by any Lender in exercising any right, power or right privilege hereunder or under any other Credit Document shall operate as a waiver thereof, ; nor shall any single or partial exercise of any such right or power thereof preclude any other or further exercise thereof or the exercise of any other right rights, power or power hereunder or thereunder. No amendment, modification or waiver of any provision of this Agreement, any Note, the Depositary Agreement or the Security Agreement and no consent to any departure by the Company therefrom shall in any event be effective unless the same shall be in writing and signed by the Bank and the Required Lenders; provided, however, that without the prior written consent of all Lenders, no such amendment, modification, waiver or consent shall (i) extend the Termination Date or otherwise postpone any date fixed for payment of any portion of the principal of, or interest on, any Loan, or any reimbursement on account of any LOC Payment, or the Commitment Fees or the Letter of Credit Fees, (ii) release Collateral (as defined in the Security Agreement) other than in the ordinary course of business, (iii) reduce the principal of, or interest on, any Loan, or the amount of any reimbursement on account of any LOC Payment, or the amount of the Commitment Fees or Letter of Credit Fees or (iv) change the number of Lenders (or the Pro Rata Shares of Lenders) required to take any action hereunder. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Company in any case shall, of itself, entitle the Company to any other or further notice or demand in similar or other circumstances. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by lawprivilege.

Amendments, Modifications and Waivers. No failure or delay on the part of the Bank in exercising any power or right hereunder or under any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. No amendment, modification or waiver of any provision of this Agreement, any Note, the Depositary Agreement or the Security Agreement and no consent to any departure by the Company therefrom shall in any event be effective unless the same shall be in writing and signed by the Bank and the Required Lenders; , provided, however, that without the prior written consent of all Lenders, no such amendment, modification, modification or waiver or consent shall (i) extend the Termination Date or otherwise postpone i)postpone any date fixed for payment of any portion of the principal of, or interest on, any Loan, or any reimbursement on account of any LOC Payment, or the Commitment Fees or the Letter of Credit Fees, (ii) release Collateral (as defined in the Security Agreement) other than in the ordinary course of business, business or (iii) reduce the principal of, or interest on, any Loan, or the amount of any reimbursement on account of any LOC Payment, or the amount Amount of the Commitment Fees or Letter of Credit Fees or (iv) change the number of Lenders (or the Pro Rata Shares of Lenders) required to take any action hereunderFees. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Company in any case shall, of itself, entitle the Company to any other or further notice or demand in similar or other circumstances. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law.

Amendments, Modifications and Waivers. No failure or delay on the part of the Bank in exercising any power or right hereunder or under any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. No amendment, modification or waiver of any provision of this Agreement, any Note, the Depositary Agreement or the Security Agreement and no consent to any departure by the Company Trust therefrom shall in any event be effective unless the same shall be in writing and signed by the Bank and the Required Lenders; , provided, however, that without the prior written consent of all Lenders, no such amendment, modification, waiver or consent shall (i) extend the Termination Date or otherwise postpone any date fixed for payment of any portion of the principal of, or interest on, any Loan, or any reimbursement on account of any LOC Payment, or the Commitment Fees or the Letter of Credit Fees, (ii) release Collateral (as defined in the Security Agreement) other than in the ordinary course of business, (iii) reduce the principal of, or interest on, any Loan, or the amount of any reimbursement on account of any LOC Payment, or the amount of the Commitment Fees or Letter of Credit Fees or (iv) change the number of Lenders (or the Pro Rata Shares of Lenders) required to take any action hereunder. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Company Trust in any case shall, of itself, entitle the Company Trust to any other or further notice or demand in similar or other circumstances. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by law. Extension of Maturity. Should the principal of or interest on any B Note or any Loan evidenced thereby, or any mandatory prepayment of the principal thereof, or any other amount payable hereunder, become due and payable on other than a Business Day, the maturity thereof shall be extended to the next succeeding Business Day and, in the case of principal or reimbursement, interest shall be payable thereon at the rate per annum herein specified during such extension.