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.
Appears in 2 contracts
Samples: Bondholder Agreement, Bondholder Agreement
Amendments and Waivers; Remedies Cumulative. No amendment or waiver of any provision of this Agreement nor consent to any departure by the Authority Borrower from any such provision shall in any event be effective unless the same shall be in writing and signed by the PurchaserBank. 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 is breached by the Authority Borrower and thereafter waived by the PurchaserBank, 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 Bank and an Authorized Authority Representativeauthorized officer of the Borrower. The rights and remedies of the Purchaser Bank hereunder are cumulative and are not exclusive of any rights or remedies that they it would otherwise havehave under law or equity.
Appears in 2 contracts
Samples: Credit Reimbursement Agreement (Gevo, Inc.), Letter of Credit Reimbursement Agreement (Gevo, Inc.)
Amendments and Waivers; Remedies Cumulative. No amendment or waiver of any provision of this Agreement nor consent to any departure by the Authority Issuer from any such provision shall in any event be effective unless the same shall be in writing and signed by the PurchaserBank. 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 is breached by the Authority Issuer and thereafter waived by the PurchaserBank, 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 Bank and an Authorized Authority Issuer Representative. The rights and remedies of the Purchaser Bank hereunder are cumulative and are not exclusive of any rights or remedies that they it would otherwise havehave under law or equity.
Appears in 1 contract
Samples: Reimbursement Agreement