Amendment; Waiver; Consent. This Agreement may not be changed, amended, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties hereto. 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 otherwise agreed in writing, no waiver of any term, condition or other provision of this Agreement, or any breach thereof shall be deemed to be a waiver of any other term, condition or provision or any breach thereof, or any subsequent breach of the same term, condition or provision, nor shall any forbearance to seek a remedy for any non-compliance or breach be deemed to be a waiver of a party’s rights and remedies with respect to such non-compliance 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 This Agreement and its terms may not be changed, amended, waived, terminated, augmented, rescinded or discharged (other than in accordance with its terms), in whole or in part, except by a writing executed by the parties hereto.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. 74 Section 12.04. Fees and Expenses. 74 Section 12.05. Governing Law. 75 Section 12.06. Jurisdiction. 75
Amendment; Waiver; Consent. This Intercreditor Agreement -------------------------- may be amended, modified or supplemented, and the terms hereof may be waived, in each case only by a written instrument executed by all the parties to this Intercreditor Agreement. The waiver by any party hereto of a breach of any provision of this Intercreditor Agreement shall not operate or be construed as a waiver of any subsequent or other breach, whether or not similar. Any such amendment or waiver to Section 4, 5 or 6 shall not be effective unless signed by AFI by Christiana Bank & Trust Company or its successor as trustee under the Trust Agreement.
Amendment; Waiver; Consent. Any amendment, waiver or variation of this Agreement shall not be binding on the parties unless it is agreed in writing and signed by all parties. The invalidity, illegality, or unenforceability of any of the provisions of this Agreement shall not affect the validity, legality and enforceability of the remaining provisions of this Agreement. The failure by any party to insist or delay in insisting upon strict performance of any of the provisions of this Agreement shall in no way constitute a waiver of its rights under this Agreement, at law or in equity, or a waiver of any other provisions or subsequent default by any other party in the performance of or compliance with any of the terms of this Agreement.
Amendment; Waiver; Consent. This Undertaking may be amended, modified or supplemented, and the terms hereof may be waived, in each case only by a written instrument executed by GCI and the Administrative Agent and consented to by the Required Lenders. The waiver by the Administrative Agent and the Required Lenders of a breach by GCI of any provision of this Undertaking shall not operate or be construed as a waiver of any subsequent or other breach, whether or not similar.
Amendment; Waiver; Consent. (a) (i) This Purchase Agreement and the Series B Notes may be amended (or any provision hereof or thereof waived) only with the written consent of the Majority Series B Noteholders and (ii) a Warrant may be amended (or any provision thereof waived) only with the written consent of the holder thereof. Notwithstanding the foregoing, the written consent of the holders of at least ninety percent (90%) of the outstanding aggregate principal amount of the Series B Notes shall be required to amend any provision of the Series B Notes regarding principal and interest, seniority and maturity, and any amendment which discriminates materially adversely against a Holder shall require such Holder's written consent.
(b) Promptly after obtaining the written consent of the holders of Series B Notes herein provided, the Companies shall transmit a copy of any amendment or waiver which has been adopted to all holders of Series B Notes then outstanding, but failure to transmit copies shall not in any way affect the validity of any such amendment or waiver.
(c) The Companies and each holder of a Series B Note then or thereafter outstanding shall be bound by any amendment or waiver effected in accordance with the provisions of this Section 12, whether or not any such Series B Note shall have been marked to indicate such modification, but any Series B 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 Series B Note, which shall be enforceable in accordance with its terms subject to any such modification).
