Amendments and Modifications; Waivers. This Agreement may be amended, modified or supplemented, and any provision hereof may be waived, at any time only by an instrument in writing duly executed by the Buyer and Rollover Seller. At any time prior to the Closing, the Buyer, with respect to any term or provision hereof to which it is entitled to the benefits, and Rollover Seller, with respect to any term or provision hereof to which Rollover Seller is entitled to the benefits, may (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties contained herein or in any document, certificate or writing delivered pursuant hereto or (iii) waive compliance with any obligation, covenant, agreement or condition contained herein.
Amendments and Modifications; Waivers. (a) No amendment, modification or waiver of this Agreement shall be binding unless executed in writing by the Party to be bound thereby.
Amendments and Modifications; Waivers. (a) This Agreement may be amended or modified only upon written approval of both
Amendments and Modifications; Waivers. (a) No amendment, modification or waiver of this Agreement shall be binding unless executed in writing by the Party to be bound thereby; provided, however, that (i) in accordance with Section 11.9, any amendment, modification or waiver may be entered into by any of the Contributors’ Representatives for and on behalf of the Represented Contributors, without the need for any further approval or action on the part of the Represented Contributors, and any such amendment, modification or waiver shall be binding upon such Represented Contributor, without the prior written consent of such Represented Contributor, so long as such amendment, modification or waiver would not materially adversely affect the rights of such Represented Contributor in relation to the effect such amendment, modification or waiver would have on the rights of the other Contributing Parties as a whole, and (ii) at any time prior to the first public filing of the Registration Statement, any amendment or modification to add properties or assets to be contributed to the MLP, Intermediate GP, Intermediate Holdings or Holdings, as applicable, may be entered into by any of the Contributors’ Representatives or their respective Affiliates for and on behalf of a Represented Contributor, without the need for any further approval or action on the part of the Represented Contributors, and any such amendment or modification shall be binding upon all Represented Contributors, without the prior written consent of any Represented Contributor, so long as the incremental Aggregate Consideration to be paid to such Party in connection with the contribution of such property or asset does not exceed 5% of the total consideration to be paid to all Contributing Parties in this Agreement. Notwithstanding the foregoing, no consent of a Contributing Party will be required to make an amendment to this Agreement necessary or advisable to satisfy any requirements, conditions or guidelines contained in any opinion, directive, order, ruling or regulation of any federal or state agency or judicial authority or contained in any federal or state statute.
Amendments and Modifications; Waivers. (a) This Agreement may be amended or modified only upon written approval of both (i) the Company and (ii) the Requisite First Lien Creditors; provided, however, that
Amendments and Modifications; Waivers. Any amendment, change, supplement or other modification of this Agreement or to the Transaction Documents shall be void unless in writing and signed by the Buyer and the Sellers. No failure or delay by any Party in exercising any right, power or privilege (and no course of dealing between or among any of the Parties) shall operate as a waiver of any such right, power or privilege. No waiver of any default on any one occasion shall constitute a waiver of any subsequent or other default. No single or partial exercise of any such right, power or privilege shall preclude the further or full exercise thereof.
Amendments and Modifications; Waivers. This Agreement may be amended, modified or supplemented, and any provision hereof may be waived, at any time only by an instrument in writing duly executed by the Investors and the
Amendments and Modifications; Waivers. (a) No amendment, modification or variation, of any provision of this Agreement shall in any event be effective except by written agreement making specific reference to the applicable provision to be amended, modified or varied, in each case duly executed by each Party.
Amendments and Modifications; Waivers. (a) This Agreement may be amended or modified only upon written approval of both (i) the Company and (ii) the Requisite First Lien Creditors; provided, however, that (A) in no event shall this Agreement be so amended or modified with respect to any Holder Party in any manner that would adversely affect such Holder Party’s legal rights under this Agreement in a disproportionate or discriminatory manner (as compared to all other Holder Parties), without such Holder Party’s prior written consent; and (B) any amendments to this Section 10 or to the defined terms “Requisite First Lien Creditors” or “Holder Party” shall require the written consent of each Holder Party. Any amendment or modification of any condition, term or provision to this Agreement must be in writing. Any amendment or modification made in compliance with this Section 10 shall be binding on all of the Parties, regardless of whether a particular Party has executed or consented to such amendment or modification. (b) At any time prior to the End Date, the Company, on the one hand, and the Requisite First Lien Creditors, on the other, to the extent legally permitted, may (i) extend the time for the performance of any of the obligations of any other Party, (ii) waive any inaccuracies in the representations and warranties made to such Party contained herein or in any document delivered pursuant hereto, and (iii) waive compliance with any of the agreements, covenants or conditions for the benefit of such Party contained herein. Any agreement on the part of a Party to any such extension or waiver will be valid only if set forth in an instrument in writing signed on behalf of such Party. 11.
Amendments and Modifications; Waivers. This Agreement may be ------------------------------------- amended or modified, and any of the terms, covenants or conditions hereof may be waived, only by a written instrument executed by the parties hereto, or in the case of a waiver, by the party waiving compliance. Except as otherwise specifically provided herein, no delay on the part of any party hereto in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any waiver on the part of any party hereto of any right, power or privilege hereunder operate as a waiver of any other right, power or privilege hereunder nor shall any single or partial exercise of any right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
