Amendments and Waivers; Remedies Cumulative. No amendment or waiver of any provision of this Agreement nor consent to any departure by the Authority from any such provision shall in any event be effective unless the same shall be in writing and signed by the Purchaser. Any such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. In the event any covenant or agreement contained in this Agreement should be breached by the Authority and thereafter waived by the Purchaser, such waiver shall be limited to the particular breach so waived for the specific period set out in such waiver and such waiver shall not constitute a waiver of such breach for any other period and shall not waive any other or similar breach hereunder. Specifically and not in limitation of the foregoing, this Agreement may not be amended or modified by course of dealing, oral acknowledgement or agreement or by any writing, unless it is a writing which is expressly stated to constitute an amendment of this Agreement and is signed by an authorized officer of the Purchaser and an Authorized Authority Representative. The rights and remedies of the Purchaser hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have.
Amendments and Waivers; Remedies Cumulative. No amendment or waiver of any provision of this Limited Guarantee will be valid and binding unless it is in writing and signed, in the case of an amendment, by the Guarantor and the Company, or in the case of waiver, by the party against whom the waiver is to be effective. No waiver by any party of any breach or violation of, or default under, this Limited Guarantee, whether intentional or not, will be deemed to extend to any prior or subsequent breach, violation or default hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No delay or omission on the part of any party in exercising any right, power or remedy under this Limited Guarantee will operate as a waiver thereof.
Amendments and Waivers; Remedies Cumulative. This Agreement may be amended or modified only by an instrument in writing duly executed by the Parties. Any amendment or waiver effected in accordance with this Article 10.6 shall be binding upon the Parties hereto their respective assigns, successors, heirs, executors and administrators. The failure or delay of either Party to require performance by the other Party of any provision of this Agreement shall not affect its right to require performance of such provision nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.
Amendments and Waivers; Remedies Cumulative. Except as otherwise expressly provided in this Agreement or in any other Facility Document, any provision of this Agreement or any other Facility Document may be amended or modified only by an instrument in writing signed by the Borrowers, the Agent and the Required Lenders, or by the Borrowers and the Agent acting with the consent of the Required Lenders and any provision of this Agreement or any other Facility Document may be waived by the Required Lenders or by the Agent acting with the consent of the Required Lenders; provided that no such amendment, modification or waiver shall, unless by an instrument signed by all of the Lenders (excluding a Lender who at such time has failed or is refusing to make a Revolving Credit Loan as required by this Agreement) or by the Agent acting with the consent of all of the Lenders: (a) increase or extend the term, or extend the time or waive any requirement for the reduction or termination, of the Commitments; (b) extend the date fixed for the payment of principal of or interest on any Loan or any fee payable hereunder, or extend the date of payment of any L/C Obligation to a date that is after the Revolving Credit Termination Date or result in an expiration date of any Letter of Credit being after the Revolving Credit Termination Date; (c) reduce the amount of any payment of principal thereof or the rate at which interest is payable thereon or any fee payable hereunder or any L/C Obligation, (d) alter the terms of this Section 12.01; (e) amend the definition of the term "Required Lenders" or any provision requiring the consent, approval or satisfaction of all of the Lenders; (f) waive any of the conditions precedent set forth in Article 5; (g) discharge any Obligor from its guaranty of the obligations (unless the stock of such Obligor is sold in accordance with the terms of this Agreement); (h) amend the definition of the Revolving Credit Borrowing Base or any of the terms therein contained; or (i) release all or any part of the Collateral other than pursuant to a disposition of Property permitted under Section 8.07, and provided, further, that any amendment of Article 11 hereof or any amendment which increases the obligations of the Agent hereunder shall require the prior written consent of the Agent. No failure on the part of the Agent or any Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any...
Amendments and Waivers; Remedies Cumulative. (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.
Amendments and Waivers; Remedies Cumulative. Except as otherwise expressly provided in this Agreement and subject to the terms of the Credit Agreement, any provision of this Agreement may be amended or modified only by an instrument in writing signed by the Debtors and the Lender, and any provision of this Agreement enforceable against the Debtors may be waived by the Lender. No failure on the part of the Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right. All remedies set forth in this Agreement and the other Facility Documents, or provided at law or in equity, are cumulative.
Amendments and Waivers; Remedies Cumulative. Except as otherwise expressly provided in this Agreement or in any other Related Document, any provision of this Agreement or any other Related Document may be amended or modified by an instrument in writing signed by each of Borrower and Lender and any provision of this Agreement or any other Related Document may be waived by Lender. No failure on the part of Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Amendments and Waivers; Remedies Cumulative. No amendment, modification, termination or waiver of any provision of this Agreement shall be effective unless the same shall be in writing signed by the Agent (with the consent of the Required Lenders, or if required by the Purchase Agreement, all the Lenders) and the Pledgors. No failure on the part of the Agent or the Lenders to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right. All remedies set forth in this Agreement and the other Transaction Documents, or provided at law or in equity, are cumulative.
Amendments and Waivers; Remedies Cumulative. Subject to and except as otherwise expressly provided in this Agreement or in any other Post- Petition Financing Document, any provision of this Agreement or any other Post-Petition Financing Document may be waived, amended or modified only by an instrument in writing signed by the Debtors and the Post-Petition Lender. No failure on the part of the Post-Petition Lender to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by Law.
Amendments and Waivers; Remedies Cumulative. The Prior Security Agreement is hereby amended and restated in its entirety as set forth herein. Except as otherwise expressly provided in this Agreement and subject to the terms of the Amended and Restated Note and Warrant Purchase Agreement, any provision of this Agreement may be amended or modified only by an instrument in writing signed by the Loan Parties and the Servicer, and any provision of this Agreement enforceable against the Loan Parties may be waived by the Servicer. No failure on the part of the Servicer to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof or preclude any other or further exercise thereof or the exercise of any other right. All remedies set forth in this Agreement and the other Transaction Documents, or provided at law or in equity, are cumulative.
