Amendment, Waiver, etc Sample Clauses

Amendment, Waiver, etc. Except as expressly provided herein, neither this Warrant nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought; provided, however, that any provision hereof may be amended, waived, discharged or terminated upon the written consent of the Company and the Majority of the Holders and such amendment, waiver, discharge or termination shall be effective with respect to the Company and all Holders.
AutoNDA by SimpleDocs
Amendment, Waiver, etc. This Agreement shall not be amended, modified, altered or revoked without the prior written consent of each of the Company, the Escrow Agent and any Subscriber that has delivered funds to the Escrow Agent at the time of amendment. No failure or delay by a party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any right of further exercise or the exercise of any other right, power or privilege.
Amendment, Waiver, etc. Except as expressly provided herein, neither this Warrant nor any term hereof may be amended, waived, discharged or terminated other than by a written instrument signed by the party against whom enforcement of any such amendment, waiver, discharge or termination is sought.
Amendment, Waiver, etc. Notwithstanding any language in this Agreement to the contrary, we will not attempt to apply any amendment to this Arbitration Provision without your written consent if and to the extent that the amendment would affect the litigation or arbitration of any Claim that has been the subject of a prior Dispute Claim Notice. However, this will not limit our power to waive any right we would otherwise have nor our power to afford you any additional right with respect to this Arbitration Provision.
Amendment, Waiver, etc. This Agreement may be amended, modified, superseded or canceled, and any of the terms may be waived, only by a written instrument executed by each party or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of any party at any time or times to require performance of any provisions shall in no manner affect the rights at a later time to enforce the same. No waiver by any party of any condition or of the breach of any term contained in this Agreement, whether by conduct, or otherwise, in any one or more instances, shall be deemed to be, or considered as, a further or continuing waiver of any such condition or of the breach of such term or any other term of this Agreement.
Amendment, Waiver, etc. The provisions of this Agreement may be amended or waived only by an instrument in writing signed by the party against which enforcement of such amendment or waiver is sought. Any waiver of any term or condition of this Agreement or any breach hereof shall not operate as a waiver of any other such term, condition or breach, and no failure to enforce any provision hereof shall operate as a waiver of such provision or of any other provision hereof.
Amendment, Waiver, etc. This Agreement may not be amended or supplemented, and no waiver of or consent to departures from the provisions hereof shall be effective, unless set forth in a writing signed by the Member.
AutoNDA by SimpleDocs
Amendment, Waiver, etc. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by the Executive and Xxxxxxx. No waiver by any party hereto at any time of any breach by any other party hereto of, or compliance with, any condition of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Amendment, Waiver, etc. This Agreement, and each other agreement or document delivered in connection with this Agreement, may be amended, modified, superseded or canceled, and any of the terms thereof may be waived, only by a written document signed by each party to this Agreement or, in the case of waiver, by the party or parties waiving compliance. The delay or failure of any party at any time or times to exercise any right or require the performance of any duty under this Agreement or any other agreement or document delivered in connection with this Agreement shall in no way affect the right of that party at a later time to exercise that right or enforce that duty or any other right or duty. No waiver by any party of any condition or of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed or construed to be a further or continuing waiver of any such condition or breach or of the breach of any other term of this Agreement. A single or partial exercise of any right shall not preclude any other or further exercise of the same right or of any other right. The rights and remedies provided by this Agreement shall be cumulative and not exclusive of each other or of any other rights or remedies provided by law.
Amendment, Waiver, etc. (a) Except to the extent provided otherwise hereinafter in clauses (i) through (iii), the provisions of this Agreement may be amended, modified or waived from time to time by the Servicer, Transferor and the Trustee, with the consent of the Required Persons, for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Agreement or of modifying in any manner the rights of the Certificateholders; provided, however, that no such amendment, modification or waiver shall: (i) reduce in any manner the amount of, or delay the timing of, allocations, payments or distributions in respect of the portion of the Invested Amount attributable to any Series or class of Certificates, yield on any Series or class of Certificates or other distributions on any Series or class of Certificates without the consent of each Certificateholder of such Series or class, as applicable; (ii) adversely affect the rating of any Series or class of Certificates by any Rating Agency without the consent of the Certificateholders evidencing not less than a two-thirds majority of such Series or class; or (iii) amend, modify or waive any provision of this Agreement which requires the approval or consent of a specified percentage of Certificateholders without the consent of the same percentage of Certificateholders. The Trustee shall establish a record date for determining which Certificateholders may give such waivers and consents. No waiver of any Early Amortization Event or other default hereunder given at any time shall apply to any other prior or subsequent Amortization Event or default. (b) As soon as practicable before the execution and delivery of any amendment, consent or waiver pursuant to Section 13.1(a), but in no event later than twenty Business Days prior to such execution and delivery, the Servicer shall deliver a copy of such proposed amendment, consent or waiver to the Rating Agencies and each Certificateholder. (c) Unless the requisite percentage of a Series or class of Certificates shall approve an amendment, consent or waiver pursuant to Section 13.1(a)(iii) above, or the majority of the Holders of each affected Series or class waive the requirement of this Section 13.1(c), no such amendment to this Agreement shall become effective unless each Rating Agency, after having reviewed such amendment, shall have confirmed the initial rating of the then-issued and outstanding Series or class of Certificates that were rated by such...
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!