Amendment; Waiver; Consent Sample Clauses
The "Amendment; Waiver; Consent" clause defines the procedures and requirements for making changes to the agreement, waiving rights, or granting approvals under the contract. Typically, this clause stipulates that any amendments or waivers must be made in writing and agreed upon by all relevant parties, ensuring that informal or unilateral changes are not valid. By establishing clear rules for modifying the contract or excusing performance, this clause helps prevent misunderstandings and disputes, ensuring that all parties are aware of and agree to any alterations or exceptions to the original terms.
Amendment; Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than by performance), in whole or in part, except by a writing executed by each of the parties hereto, and no waiver of any of the provisions or conditions of this Agreement or any of the rights of a party hereto shall be effective or binding unless such waiver shall be in writing and signed by the party claimed to have given or consented thereto. Except to the extent that a party hereto may have otherwise agreed to in writing, no waiver by that party of any condition of this Agreement or breach by any other party of any of its obligations, representations or warranties hereunder shall be deemed to be a waiver of any other condition or subsequent or prior breach of the same or any other obligation or representation or warranty by such other party, nor shall any forbearance by the first party to seek a remedy for any noncompliance or breach by such other party be deemed to be a waiver by the first party of its rights and remedies with respect to such noncompliance or breach.
Amendment; Waiver; Consent. This Agreement and its terms may not be changed, amended, waived, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties hereto.
Amendment; Waiver; Consent. This Agreement may be amended, modified or supplemented, and the terms hereof may be waived, in each case only by a written instrument executed by the parties hereto. The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent or other breach, whether or not similar.
Amendment; Waiver; Consent. (a) This Agreement, the Notes, the Series B Preferred Stock and the Warrants may be amended (or any provision hereof or thereof waived) only with the written consent of the Majority Noteholders; provided, however, that no such amendment or waiver shall (i) extend the fixed maturity of any Note, reduce the rate or change the time of payment of interest thereon, reduce the principal amount thereof, reduce any premium thereon, change the currency in which payments are to be made, hereof, change the provisions of Section 6 hereof, without the consent each holder of each Note so affected (and the consent of each holder of each Share so affected in the case of a change to Section 6 hereof) or (ii) modify the definition in Section 3 hereof of "Majority Noteholders" or modify clause (i) of this proviso, without the consent of the holders of all the Notes then outstanding (and the consent of the holders of all then outstanding Shares with respect to the parenthetical in clause (i) of this proviso) or (iii) increase the percentage of the amount of the Notes, the holders of which may declare the Notes to be due and payable under Section 13 hereof, without the consent of the holders of all the Notes then outstanding.
(b) The Company agrees that all holders of Notes, all of the holders of the Series B Preferred Stock and all holders of Warrants shall be notified by the Company in advance of any proposed amendment or waiver, but failure to give such notice shall not in any way affect the validity of any such amendment or waiver. In addition, promptly after obtaining the written consent of the holders herein provided, the Company shall transmit a copy of any amendment or waiver which has been adopted to all holders of Notes, all holders of Series B Preferred Stock and all holders of Warrants then outstanding, but failure to transmit copies shall not in any way affect the validity of any such amendment or waiver.
(c) The Company and each holder of a Note, Series B Preferred Stock or Warrants then or thereafter outstanding shall be bound by any amendment or waiver effected in accordance with the provisions of this Section 10, whether or not any Note shall have been marked to indicate such modification, but any Note issued thereafter shall bear a notation as to any such modification (but the failure to bear any such notation shall not affect the validity of any such subsequently issued Note, which shall be enforceable in accordance with its terms subject to all such modific...
Amendment; Waiver; Consent a. Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this agreement, or in the case of a waiver, by the party against whom the waiver is to be effective; provided, however, that notwithstanding the foregoing or anything to the contrary in this Agreement, unless otherwise specifically contemplated with respect to a particular provision, the written, signed consent of Comcast AG Shareholder to amend, waive or consent to any provision of this Agreement (including those set forth in Article 4, Section 6.01(c) and Section 10.17) shall be sufficient to constitute the consent on behalf of Comcast Shareholder (including on behalf of Comcast Spectacor Shareholder).
b. No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
c. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.
Amendment; Waiver; Consent. 75 Section 12.04. Fees and Expenses. 75 Section 12.05. Governing Law. 76 Section 12.06. Jurisdiction. 76
Amendment; Waiver; Consent. This Agreement may be amended only by a written instrument signed by all the parties hereto at the time of such amendment; provided, however, that no such amendment shall deprive any party hereto of any right which has accrued hereunder prior to the effective date of such amendment. No waiver of any provision of this Agreement, and no consent to any departure therefrom, shall in any event be effective unless the same shall be in writing and signed by the parties hereto, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
Amendment; Waiver; Consent. (a) Any provision of this Agreement may be amended or waived if, but only if, such amendment or waiver is in writing and is signed, in the case of an amendment, by each party to this agreement, or in the case of a waiver, by the party against whom the waiver is to be effective.
(b) No failure or delay by any party in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
(c) The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by Applicable Law.
Amendment; Waiver; Consent. No provision of this Agreement may be waived, modified, supplemented or amended except in a written instrument signed by each of the parties hereto. No waiver of any default with respect to any provision, condition or requirement of this Agreement shall be deemed to be a continuing waiver in the future or a waiver of any subsequent default or a waiver of any other provision, condition or requirement hereof, nor shall any delay or omission of either party to exercise any right hereunder in any manner impair the exercise of any such right.
Amendment; Waiver; Consent. 59 Section 9.06