Agreements and Waivers. The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or supplemented, unless such amendment, modification or supplement is in writing and signed by the parties hereto.
Agreements and Waivers. Each Guarantor
(a) agrees to all terms and agreements heretofore or hereafter made by any Loan Party with Administrative Agent, Collateral Agent, the Lenders and/or any other holder of any of the Guaranteed Obligations in respect of the Loan Documents and the Transactions;
(b) agrees that Administrative Agent and Collateral Agent may without impairing their rights or the obligations of such Guarantor hereunder (i) waive or delay the exercise of any of its rights or remedies against or release Borrower or any other Person, including, without limitation, any other Person who is personally or whose property is liable with respect to the Guaranteed Obligations or any part thereof (Guarantors and any such other Person or Persons are hereafter collectively called the “Sureties” and individually called a “Surety”); (ii) take or accept any other security, collateral or guaranty, or other assurance of the payment of all or any part of the Guaranteed Obligations; (iii) release, surrender, exchange, subordinate or permit or suffer to exist any deterioration, waste, loss or impairment (including without limitation negligent, willful, unreasonable or unjustified impairment) of any collateral, property or security, at any time existing in connection with, or assuring or securing payment of, all or any part of the Guaranteed Obligations or the liability of such Guarantor or any other Surety; (iv) increase, renew, extend, or modify the terms of any of the Guaranteed Obligations or any instrument or agreement evidencing the same; (v) apply payments by Borrower, any Surety, or any other Person, to any of the Guaranteed Obligations; (vi) bring suit against any one or more Sureties without joining any other Surety or Borrower in such proceeding; (vii) compromise or settle with any one or more Sureties in whole or in part for such consideration or no consideration as Administrative Agent may deem appropriate; or (viii) partially or fully release one or more of any Guarantor or any other Surety from liability hereunder.
(c) agrees that the obligations of such Guarantor under this Guaranty shall not be released, diminished, or adversely affected by any of the following, in each case, to the fullest extent permitted by applicable law: (i) the insolvency, bankruptcy, rearrangement, adjustment, composition, liquidation, disability, dissolution or lack of power of Borrower or any Surety; (ii) the invalidity, illegality or unenforceability of all or any part of the Guaranteed Obligat...
Agreements and Waivers. The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or supplemented, unless such amendment, modification or supplement is in writing and signed by the Company and Snöbar Shareholders and/or Other Persons.
Agreements and Waivers. Guarantor hereby: ----------------------
(a) agrees that its obligations hereunder shall not be released or otherwise affected by any agreement, amendment, release, suspension, compromise, forbearance, indulgence, waiver, extension, renewal, supplement or modification of any of the Loan Documents, or any other obligations of Borrower to Lender, provided, however, the Loan Documents may only be amended in accordance with the terms of the Loan Agreement;
(b) consents that Lender may, without affecting the liability of Guarantor under this Guaranty, (i) exchange, release or surrender any property pledged by or on behalf of Borrower or any other guarantor of any liabilities of Borrower to Lender, (ii) renew or change, with and subject to the consent of Borrower and Operator, the terms of any of Borrower's liabilities to Lender, or (iii) waive any of Lender's rights or remedies against Borrower or any other guarantor of any obligations of Borrower;
Agreements and Waivers. This Agreement may be amended or modified only by a written instrument executed by the parties to this Agreement. No failure or delay on the part of any party in exercising any of its respective rights hereunder upon any failure by any other party to perform or observe any condition, covenant or provision herein contained shall operate as waiver thereof, nor shall any single or partial exercise of any such rights preclude any other or further exercise thereof or the exercises of any other right hereunder.
Agreements and Waivers. All rights of Secured Party hereunder shall inure to the benefit of its successors and assigns, and all obligations of Debtor shall bind the successors and assigns of Debtor.
Agreements and Waivers. The Guarantor hereby (a) agrees (i) to any modifications of any terms or conditions of any Guaranteed Debt and/or to any extensions or renewals of time of payment or performance by any Employee Borrower or the Guarantor; and (ii) that it shall not be necessary for the Agent to resort to legal remedies against any Employee Borrower, or against any collateral, before proceeding against the Guarantor; (b) waives notice of any election, acceptance, demand, protest, notice of protest and notice of default, presentment for payment, diligence in collection, and waives, to the extent permitted by law, all benefit of valuation, appraisement, and all exemptions under the laws of the North Carolina, and/or any other state or territory of the United States; (c) agrees, if any Guaranteed Debt is not paid in accordance with the terms hereof, to pay, in addition to all other sums of money due, all costs of collection including costs of suit and (whether or not suit is brought) the Agent's and the Banks' reasonable attorneys' fees and disbursements; (d) agrees that the Agent and the Banks shall have no obligation to verify the signature of the Employee Borrower on any note, pledge agreement or other document delivered in connection with any Guaranteed Debt; and (e) agrees that the Guarantor's liability hereunder shall in no way be affected or impaired by the failure of such note, pledge agreement or other document to be valid, binding or enforceable as against such Employee Borrower.
Agreements and Waivers. The provisions of this Agreement, including the provisions of this sentence, may not be amended, modified or supplemented, unless such amendment, modification or supplement is in writing and signed by the Company and a majority in interest of holders of Registrable Securities who are parties hereto. Notwithstanding the foregoing, no amendment to this Section 4 which would impose restrictions on a Holder's ability to dispose of any securities of the Company other than the Registrable Securities shall be binding upon a Holder unless such Holder has agreed to such amendment.
Agreements and Waivers. The provisions of this Agreement may not be amended, modified or supplemented, and waivers or consents hereof may not be given without the written consent of the Company and the Shareholder.
Agreements and Waivers. Guarantor hereby:
(a) agrees that its obligations hereunder shall not be released or otherwise affected by (and hereby waives notice of) any agreement, amendment, release, suspension, compromise, forbearance, indulgence, waiver, extension, renewal, supplement or modification of any of the Loan Documents, or any other obligations of Borrower to Lender;
(b) consents that Lender may, without affecting the liability of Guarantor under this Guaranty, (i) exchange, release or surrender any property pledged by or on
