Common use of Amendments, Consents, Etc Clause in Contracts

Amendments, Consents, Etc. No amendment or waiver of any provision of this Agreement or the other Loan Documents, nor any consent to any departure by the Borrower from any provision of this Agreement or the other Loan Documents, shall in any event be effective unless the same shall be in writing and signed by the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; PROVIDED, that (i) no amendment, waiver or consent shall, unless in writing and signed by all the Lenders, do any of the following: (1) waive any of the conditions specified in Section 3.01, (2) change the percentage of the Commitments or of the aggregate unpaid principal amount of the Advances, or the number or percentage of Lenders, that shall be required for the Lenders or any of them to take any action hereunder, (3) amend this Section 8.01, (4) reduce the principal of, or interest on, the Notes or any fees or other amounts payable hereunder or (5) postpone any date fixed for any payment of principal of, or interest on, the Notes or any fees or other amounts payable hereunder, and (ii) no amendment, waiver or consent shall, unless in writing and signed by the Required Lenders and each Lender that would be adversely affected by such amendment, waiver or consent, increase the Commitments of such Lender or subject such Lender to any additional obligations; and PROVIDED, FURTHER, that no amendment, waiver or consent shall, unless in writing and signed by the Administrative Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Administrative Agent under this Agreement or any Note. This Agreement and the other Loan Documents constitute the entire agreement of the parties with respect to the subject matter hereof and thereof.

Amendments, Consents, Etc. No amendment or waiver of -------------------------- any provision of this Agreement or the other Loan Documents, nor any consent to any departure by the Borrower from any provision of this Agreement or the other Loan Documents, shall in any event be effective unless the same shall be in writing and signed by the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; PROVIDEDprovided, that (i) no amendment, waiver or consent shall, -------- unless in writing and signed by all the Lenders, do any of the following: (1) waive any of the conditions specified in Section 3.01, (2) change the percentage of the Commitments or of the aggregate unpaid principal amount of the Advances, or the number or percentage of Lenders, that shall be required for the Lenders or any of them to take any action hereunder, (3) amend this Section 8.01, (4) reduce the principal of, or interest on, the Notes or any fees or other amounts payable hereunder or hereunder, (5) postpone any date fixed for any payment of principal of, or interest on, the Notes or any fees or other amounts payable hereunderhereunder or (6) modify the Subordination and Amendment Agreement, and (ii) no amendment, waiver or consent shall, unless in writing and signed by the Required Lenders and each Lender that would be adversely affected by such amendment, waiver or consent, increase the Commitments Commitment of such Lender or subject such Lender to any additional obligations; and PROVIDEDprovided, FURTHERfurther, that no amendment, waiver or consent shall, -------- ------- unless in writing and signed by the Administrative Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Administrative Agent under this Agreement Agreement, any Note or any Noteother Loan Document. This Agreement and Agreement, the other Loan Documents and each confidentiality agreement entered into in connection herewith constitute the entire agreement of the parties with respect to the subject matter hereof and thereof.

Amendments, Consents, Etc. (a) No amendment or waiver of any provision of this Agreement Agreement, the Notes or the other Loan Documents, nor any consent to any departure by the Borrower any Obligor from any provision of this Agreement Agreement, the Notes or the other Loan Documents, shall in any event be effective unless the same shall be in writing and signed by the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; PROVIDEDprovided, that (i) no amendment, waiver or consent shall, unless in writing and signed by all the Lenders, do any of the following: (1) waive any of the conditions specified in Section 3.01, (2) change the percentage of the Commitments or of the aggregate unpaid principal amount of the Advances, or the number or percentage of Lenders, that shall be required for the Lenders or any of them to take any action hereunder, (3) amend this Section 8.019.01, (4) reduce the principal of, or interest on, the Notes or any fees or other amounts payable hereunder or hereunder, (5) postpone any date fixed for any payment of principal of, or interest on, the Notes or any fees or other amounts payable hereunderhereunder or amend Section 2.03 or 2.05, or (6) release any Guarantor from its obligations under Article VIII and (ii) no amendment, waiver or consent shall, unless in writing and signed by the Required Lenders and each Lender that would be adversely affected by such amendment, waiver or consent, (1) increase the Commitments Commitment of such Lender or subject such Lender to any additional obligations, (2) reduce the principal of, or interest on, the Notes held by such Lender or any fees or other amounts payable hereunder to such Lender, (3) postpone any date fixed for any payment of principal of, or interest on, the Notes held by such Lender or any fees or other amounts payable hereunder to such Lender or (4) change the order of application of any prepayment set forth in Section 2.05 in any manner that materially affects such Lender; and PROVIDEDprovided, FURTHERfurther, that no amendment, waiver or consent shall, unless in writing and (x) signed by the Administrative Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Administrative Agent under this Agreement Agreement, any Note or any Note. This Agreement and the other Loan Documents constitute the entire agreement of the parties with respect Document, and (y) signed by each Issuing Bank in addition to the subject matter hereof and thereof.Lenders required to take such action, amend Section 2.07, 2.13 or 3.02, increase the Letter of Credit Sublimit or otherwise affect the rights or obligations of any Issuing Bank under this Agreement. Credit Agreement ----------------

Amendments, Consents, Etc. No amendment or waiver of any provision of this Agreement or the other Loan Documents, nor any consent to any departure by the Borrower from any provision of this Agreement or the other Loan Documents, shall in any event be effective unless the same shall be in writing and signed by the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; PROVIDED, provided that (i) no amendment, waiver or consent shall, unless in writing and signed by all the Lenders, do any of the following: (1) waive any of the conditions specified in Section 3.01, (2) change the percentage of the Commitments or of the aggregate unpaid principal amount of the Advances, or the number or percentage of Lenders, that shall be required for the Lenders or any of them to take any action hereunder, (3) amend this Section 8.01, (4) reduce the principal of, or interest on, the Notes or any fees or other amounts payable hereunder or hereunder, (5) postpone any date fixed for any payment of principal of, or interest on, the Notes or any fees or other amounts payable hereunderhereunder or amend Section 2.05 or 2.07, and (ii) no amendment, waiver or consent shall, unless in writing and signed by the Required Lenders and each Lender that would be adversely affected by such amendment, waiver or consent, increase the Commitments Commitment of such Lender or subject such Lender to any additional obligations; and PROVIDEDprovided, FURTHERfurther, that no amendment, waiver or consent shall, unless in writing and (x) signed by the Administrative Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Administrative Agent under this Agreement Agreement, any Note or any Note. This other Loan Document, (y) signed by each Issuing Bank in addition to the Lenders required to take such action, amend Section 2.09, 2.15 or 3.02, increase the Letter of Credit Sublimit or otherwise affect the rights or obligations of any Issuing Bank under this Agreement and the other Loan Documents constitute the entire agreement of the parties with respect (z) signed by each Swing Line Lender in addition to the subject matter hereof and thereofLenders required to take such action, amend Section 2.02, 2.04 or 3.02, increase the Swing Line Facility or otherwise affect the rights or obligations of any Swing Line Lender under this Agreement.