Amendment and Waiver, etc. This Agreement may be amended, but only with the written consent of each of the parties hereto. No failure or delay (whether by course of conduct or otherwise) by the parties hereto in exercising any right, power or remedy which they may have under this Agreement shall operate as a waiver thereof or of any other right, power or remedy, nor shall any single or partial exercise by the parties hereto of any such right, power or remedy preclude any other or further exercise thereof or of any other right, power or remedy. No waiver of any provision of this Agreement and no consent to any departure therefrom shall ever be effective unless it is in writing and signed by each party being adversely affected by such waiver or consent, and then such waiver or consent shall be effective only in the specific instances and for the purposes for which given and to the extent specified in such writing. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the parties at law or in equity or otherwise.
Amendment and Waiver, etc. This Agreement may be amended, and the ------------------------- observance of any term of this Agreement may be waived, but only with the written consent of each of the parties hereto.
Amendment and Waiver, etc. This Agreement may be amended, and the observance of any term of this Letter Agreement may be waived, but only with the written consent of each of the Preferred Stockholders. No supplement, modification or waiver of this Agreement shall be binding unless executed in writing by the Company and each of the Preferred Stockholders. No failure or delay on the part of the Preferred Stockholders in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No waiver of any of the provisions of this Letter Agreement shall be deemed to be a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Amendment and Waiver, etc. This Agreement may be amended, and the observance of any term of this Agreement may be waived, but only with the unanimous written consent of FRI and the Holders. No failure or delay on the part of the Holders in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the Holders at law or in equity or otherwise. No waiver of or consent to any departure by FRI from any provision of this Agreement shall be effective unless in writing and signed by the Holders.
Amendment and Waiver, etc. This Agreement may be amended, but only with the written consent of each of the Companies, TCW and the Purchasers. No failure or delay on the part of any of TCW, the Purchasers or the Companies in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to TCW and/or the Purchasers at law or in equity or otherwise. No waiver of or consent to any departure by the Companies from any provision of this Agreement shall be effective unless signed in writing by each of the Purchasers who then holds either five percent (5%) of the outstanding Common Stock and Series Z Preferred Stock or any Series D Preferred Stock or Series E Preferred Stock.
Amendment and Waiver, etc. This Agreement may be amended, and the observance of any term of this Agreement may be waived only with the written consent of all parties adversely effected or impacted by such waiver or amendment. No failure or delay on the part of any of the parties in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the parties at law or in equity or otherwise.
Amendment and Waiver, etc. This Agreement may be amended only with the written consent of the Company and Investor. No failure or delay on the part of the Company or Investor in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the Company or Investor at law or in equity or otherwise. No waiver of or consent to any departure by the Company or Investor from any provision of this Agreement shall be effective unless signed in writing by the waiving or consenting party.
Amendment and Waiver, etc. This Agreement may be amended only with the written consent of Greenbriar and Lone Star. No failure or delay on the part of Greenbriar or Lone Star in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to Greenbriar or Lone Star at law or in equity or otherwise. No waiver of or consent to any departure by Greenbriar or Lone Star from any provision of this Agreement shall be effective unless signed in writing by the other parties.
Amendment and Waiver, etc. 29 10.5 Counterparts........................................................ 29
Amendment and Waiver, etc. (a) Neither this Agreement nor any other Loan Document nor any terms hereof or thereof may be changed, waived, discharged or terminated unless such change, waiver, discharge or termination is in writing signed by the respective Borrowers party thereto and the Requisite Lenders; provided that no such change, waiver, discharge or termination shall, without the consent of each Lender (other than a Defaulting Lender), (i) extend the final scheduled maturity of any Loan or Note or extend the stated expiration date of any Letter of Credit beyond the Final Maturity Date, or reduce the rate or extend the time of payment of interest or Fees thereon, or reduce the principal amount thereof (except to the extent repaid in cash) (it being understood that any amendment or modification to the financial definitions in this Agreement shall not constitute a reduction in the rate of interest or Fees for the purposes of this clause (i)), (ii) release the Company Guarantee, (iii) amend, modify or waive any provision of this Section 11.2, (iv) reduce the percentage specified in the definition of Requisite Lenders (it being understood that, with the consent of the Requisite Lenders, additional extensions of credit pursuant to this Agreement may be included in the determination of the Requisite Lenders on substantially the same basis as the Revolving Loan Commitments are included on the Effective Date) or (v) consent to the assignment or transfer by a Borrower of any of its rights and obligations under this Agreement; provided, further, that no such change, waiver, discharge or termination shall (v) increase the Revolving Loan Commitment of any Lender over the amount thereof then in effect without the consent of such Lender (it being understood that waivers or modifications of conditions precedent, covenants, Defaults or Events of Default or of a mandatory reduction in the Total Revolving Loan Commitment shall not constitute an increase of the Revolving Loan Commitment of any Lender, and that an increase in the available portion of any Revolving Loan Commitment of any Lender shall not constitute an increase of the Revolving Loan Commitment of such Lender), (x) without the consent of any Issuing Lender, amend, modify or waive any provision of Section 2 or alter its rights or obligations with respect to Letters of Credit, or (y) without the consent of the Agent, amend, modify or waive any provision of Section 9 or any other provision as same relates to the rights or obligations of ...
