Common use of Amendment and Waiver; Duplicate Originals Clause in Contracts

Amendment and Waiver; Duplicate Originals. All references to this Agreement shall also include all amendments, extensions, renewals, modifications, and substitutions thereto and thereof made in writing and executed by each Borrower and Lender. This Agreement may be amended, and the observance of any term of this Agreement may be waived, with (and only with) the written consent of each Borrower and Lender; provided, however, that nothing herein shall change Lender's sole discretion or good faith discretion (as set forth elsewhere in this Agreement) to make advances, determinations, decisions or to take or refrain from taking other actions. No delay or failure or other course of conduct by Lender in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right. Two or more duplicate originals of this Agreement may be signed by the parties, each of which shall be an original but all of which together shall constitute one and the same instrument.

Amendment and Waiver; Duplicate Originals. All references to this Agreement shall also include all amendments, extensions, renewals, modifications, and substitutions thereto and thereof made in writing and executed by each both the Borrower and Lenderthe Bank. This Agreement may be amended, and the observance of any term of this Agreement may be waived, with (and only with) the written consent of each the Borrower and Lenderthe Bank; provided, however, provided however that nothing herein shall change Lenderthe Bank's sole discretion or good faith discretion (as set forth elsewhere in this Agreement) to make advances, determinations, decisions or to take or refrain from taking other actions. No delay or failure or other course of conduct by Lender the Bank in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right. Two or more duplicate originals of this Agreement may be signed by the parties, each of which shall be an original but all of which together shall constitute one and the same instrument.

Amendment and Waiver; Duplicate Originals. All references to this Agreement shall also include all amendments, extensions, renewals, modifications, and substitutions thereto and thereof made in writing and executed by each both the Borrower and Lenderthe Bank. This Agreement may be amended, and the observance of any term of this Agreement may be waived, with (and only with) the written consent of each the Borrower and Lenderthe Bank; provided, however, that PROVIDED HOWEVER THAT nothing herein shall change Lenderthe Bank's sole discretion or good faith discretion (as set forth elsewhere in this Agreement) to make advances, determinations, decisions or to take or refrain from taking other actions. No delay or failure or other course of conduct by Lender the Bank in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right. Two or more duplicate originals of this Agreement may be signed by the parties, each of which shall be an original but all of which together shall constitute one and the same instrument.

Amendment and Waiver; Duplicate Originals. All references to this Agreement shall also include all amendments, extensions, renewals, modifications, and substitutions thereto and thereof made in writing and executed by each Borrower and Lenderthereof. This Subject to the provisions of Section 7.12 herein, this Agreement may be amended, and the observance of any term of this Agreement may be waived, with (waived only in writing executed by the Company and only with) the written consent of each Borrower and LenderAdministrative Agent; provided, however, however that nothing herein shall change Lenderthe Administrative Agent's sole discretion or good faith discretion (as set forth elsewhere in this Agreement) to make advances, determinations, decisions or to take or refrain from taking other actions. No delay or failure or other course of conduct by Lender the Administrative Agent or the Banks, or any of them, in the exercise of any power or right shall operate as a waiver thereof; , nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right. Two or more duplicate originals of this Agreement may be signed by the parties, each of which shall be an original but all of which together shall constitute one and the same instrument.

Amendment and Waiver; Duplicate Originals. All references to this Agreement shall also include all amendments, extensions, renewals, modifications, and substitutions thereto and thereof made in writing and executed by each both the Borrower and Lenderthe Bank. This Agreement may be amended, and the observance of any term of this Agreement may be waived, with (and only with) the written consent of each the Borrower and Lenderthe Bank; provided, however, provided however that -------- ------- ---- nothing herein shall change Lenderthe Bank's sole discretion or good faith discretion (as set forth elsewhere in this Agreement) to make advances, determinations, decisions or to take or refrain from taking other actions. No delay or failure or other course of conduct by Lender the Bank in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right. Two or more duplicate originals of this Agreement may be signed by the parties, each of which shall be an original but all of which together shall constitute one and the same instrument.