Amendments Consents Waivers Etc. Except as otherwise set forth herein, the Agent may (and upon the written request of the Required Lenders the Agent shall) take or refrain from taking any action under this Agreement or any other Credit Document, including giving its written consent to any modification of or amendment to and waiving in writing compliance with any covenant or condition in this Agreement or any other Credit Document or any Default or Event of Default, all of which actions shall be binding upon all of the Lenders; provided, however, that:
(a) Without the written consent of Lenders owning at least two thirds of the Percentage Interests (other than Delinquent Lenders during the existence of a Delinquency Period so long as such Delinquent Lender is treated the same as the other Lenders with respect to any actions enumerated below), no written modification of, amendment to, consent with respect to, waiver of compliance with or waiver of a Default under any of the Credit Documents, or under Sections 6.5 through 6.20, the related defined terms or this Section 12.6(b) shall be made.
(b) Without the written consent of such Lenders as own 100% of the Percentage Interests (other than Delinquent Lenders during the existence of a Delinquency Period so long as such Delinquent Lender is treated the same as the other Lenders with respect to any actions enumerated below):
(i) No reduction shall be made in (A) the amount of principal of the Revolving Loan or reimbursement obligations for payments made under Letters of Credit, (B) the interest rate on the Revolving Loan or (C) the Letter of Credit fees or commitment fees.
(ii) No change shall be made in the stated time of payment of all or any portion of the Revolving Loan or interest thereon or reimbursement of payments made under Letters of Credit or fees relating to any of the foregoing payable to all of the Lenders and no waiver shall be made of any Default under Section 8.1.1.
(iii) No increase shall be made in the amount, or extension of the term, of the Commitments beyond that provided for under Section 2.
(iv) No alteration shall be made of the Lenders' rights of set-off contained in Section 8.2.4.
(v) No release of any Credit Security or of any Guarantor shall be made (except that the Agent may release particular items of Credit Security or particular Guarantors in dispositions permitted by Section 6.11 and may release all Credit Security pursuant to Section 18 upon payment in full of the Credit Obligations and termination of the Comm...
Amendments Consents Waivers Etc. (a) This Agreement or any provision hereof may be amended or terminated by the agreement of the Company and the Majority Holders, and the observance of any provision of this Agreement that is for the benefit of the Purchasers may be waived (either generally or in a particular instance, and either retroactively or prospectively), and any consent, approval, or other action to be given or taken by the Purchaser pursuant to this Agreement may be given or taken by the written consent of the Majority Holders; provided that (i) any Person may in writing waive, as to itself only, the benefits of any provision of this Agreement; (ii) unanimous consent of all of the Purchasers shall be required to (1) waive any closing condition to this Agreement; (2) amend this Agreement, and (3) amend this Section 8(a)(ii); (iii) the Warrants may not be amended without the consent of the majority of the holders of the Warrants then issued hereunder; and (iv) this Section 8.1 (a)(iv) may not be waived or amended without the affirmative waiver or consent of the Majority Holders.
(b) No course of dealing between the Company and any Purchaser will operate as a waiver of the Company’s or any Purchaser’s rights under this Agreement. No waiver of any breach or default hereunder will be valid unless in a writing signed by the waiving party. No failure or other delay by any Person in exercising any right, power, or privilege hereunder will be or operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
Amendments Consents Waivers Etc. Except as otherwise set forth herein, the Agent may (and upon the written request of the Majority Lenders shall) take or refrain from taking any action under this Agreement or any other Credit Document, including giving its written consent to any modification of or amendment to and waiving in writing compliance with any covenant or condition in this Agreement or any other Credit Document or any Default or Event of Default hereunder or thereunder, all of which actions shall be binding upon all of the Lenders; provided, however, that without the written consent of such Lenders as own 100% of the Percentage Interests (other than Delinquent Lenders during the existence of a Delinquency Period so long as such Delinquent Lender is treated the same as the other Lenders with respect to any actions enumerated below):
(i) No reduction in the interest rate on the Loans shall be made.
(ii) No extension or postponement of the stated time of payment of all or any portion of the Loans or interest thereon shall be made.
(iii) No increase in the amount, or extension of the term, of the Lenders' commitments beyond that provided for in Section 2 shall be made.
(iv) No alteration of the Lenders' several rights of set-off contained in Section 11.5 shall be made.
(v) No release of any Credit Security other than as permitted by Section 7.9 or 7.12 and other than assets having an aggregate fair value not exceeding $2,000,000 shall be made.
Amendments Consents Waivers Etc. (a) This Agreement or any provision hereof may be amended or terminated by the agreement of the Company and the Purchaser, and the observance of any provision of this Agreement that is for the benefit of the Purchaser may be waived (either generally or in a particular instance, and either retroactively or prospectively), and any consent, approval, or other action to be given or taken by the Purchaser pursuant to this Agreement may be given or taken by the consent of the Purchaser.
(b) No course of dealing between the Company and the Purchaser will operate as a waiver of any of the Company's or the Purchaser's rights under this Agreement. No waiver of any breach or default hereunder will be valid unless in a writing signed by the waiving party. No failure or other delay by any person in exercising any right, power, or privilege hereunder will be or operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
Amendments Consents Waivers Etc. Except as otherwise set forth herein, the Managing Agents may (and upon the written request of the Required Lenders the Managing Agents shall) take or refrain from taking any action under this Agreement or any other Credit Document, including giving their written consent to any modification of or amendment to and waiving in writing compliance with any covenant or condition in this Agreement or any other Credit Document (other than an Interest Rate Protection Agreement) or any Default or Event of Default, all of which actions shall be binding upon all of the Lenders; provided, however, that:
Amendments Consents Waivers Etc. This Agreement may not be amended, supplemented, waived or changed orally, but only by a writing signed by the party as to whom enforcement of any such amendment, supplement, waive or modification is sought and making specific reference to this Agreement.
Amendments Consents Waivers Etc. (a) This Agreement or any provision hereof may be amended or terminated by the written agreement of the parties hereto
(b) No course of dealing between the parties hereto will operate as a waiver of any of the party’s rights under this Agreement. No waiver of any breach or default hereunder will be valid unless in a writing signed by the waiving party. No failure or other delay by any person in exercising any right, power or privilege hereunder will be or operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
Amendments Consents Waivers Etc. (a) Except as otherwise provided in this Agreement, this Agreement or any provision hereof may be amended or terminated by the written agreement of the Company and the Stockholders then party to this Agreement holding at least 60% of the Shares then held by all Stockholders (on an as-converted to Common Stock basis). The observance of any provision of this Agreement that is for the specific benefit of the Series A-2 Holders, Series B Holders, Series C Holders, the Series D Holders, the Series E Holders, the Series F Holders or the Series G Holders may be waived (either generally or in a particular instance, and either retroactively or prospectively), and any consent, approval or other action to be given or taken specifically by the Series A-2 Holders, Series B Holders, Series C Holders, the Series D Holders, the Series E Holders, the Series F Holders or the Series G Holders pursuant to this Agreement may be given or taken, by the consent of the Majority Series A-2 Holders, the Majority Series B Holders, the Majority Series C Holders, the Required Series D Holders, the Required Series E Holders, the Required Series F Holders or the Majority Series G Holders, as the case may be. Notwithstanding anything to the contrary herein, the rights of any of the specific Series A-2 Holders provided under Section 1.2(ii)(a) of this Agreement, the rights of any of the specific Series B Holders provided under Section 1.2(ii)(b) of this Agreement, the rights of any of the specific Series C Holders provided under Section 1.2(ii)(c) of this Agreement, the rights of any of the specific Series D Holders provided under Section 1.2(ii)(d) of this Agreement and the rights of Polaris provided under Section 1.2(ii)(e) of this Agreement shall not be amended without such party’s consent, and may be waived only by such party. The observance of any provision of this Agreement that is for the specific benefit of the Series A-1 Holders may be waived (either generally or in a particular instance, and either retroactively or prospectively), and any consent, approval or other action to be given or taken specifically by the Series A-1 Holders pursuant to this Agreement may be given or taken by, the consent of holders of record of a majority of the shares of the Series A-1 Preferred Stock then held by Series A-1 Holders. The observance of any provision of this Agreement that is for the specific benefit of the Common Stockholders may be waived (either generally or in a particular instance, and...
Amendments Consents Waivers Etc. (a) AMENDMENT, CONSENT, WAIVER. This Agreement or any provision hereof may only be amended, waived or terminated by the written agreement of both the Seller and the Purchaser.
Amendments Consents Waivers Etc. Except as otherwise set forth herein, the Agent shall, upon the written request of the Majority Lenders, take or refrain from taking any action under this Agreement or any other Credit Document, including giving its written consent to any modification of or amendment to and waiving in writing compliance with any covenant or condition in this Agreement or any other Credit Document or any Default or Event of Default hereunder or thereunder, all of which actions shall be binding upon all of the Lenders; provided, however, that without the written consent of such Lenders as own 100% of the Percentage Interests:
(i) No reduction in the interest rate on the Loans shall be made.
(ii) No extension or postponement of the stated time of payment of all or any portion of the Loans or interest thereon shall be made.
(iii) No increase in the amount, or extension of the term, of the Lenders' commitments beyond that provided for in Section 2 shall be made.
(iv) No alteration of the Lenders' several rights of set-off contained in Section 8.2.3 shall be made.
