Common use of Amendments in Writing; No Waiver; Cumulative Remedies Clause in Contracts

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer.

Appears in 23 contracts

Samples: Guaranty (Radian Group Inc), Guaranty (PennyMac Mortgage Investment Trust), Guaranty (Pennymac Financial Services, Inc.)

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Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer.

Appears in 16 contracts

Samples: Guaranty and Pledge Agreement (New Century TRS Holdings Inc), Guaranty and Pledge Agreement (New Century Financial Corp), Guaranty and Pledge Agreement (New Century Financial Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerLender, provided that any provision of this Guaranty may be waived by the BuyerLender.

Appears in 10 contracts

Samples: Guaranty (Aames Financial Corp/De), Guaranty (Aames Financial Corp/De), Guaranty (Aames Financial Corp/De)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, Lender; provided that any provision of this Guaranty may be waived by the BuyerLender.

Appears in 9 contracts

Samples: Guaranty (Franklin Credit Management Corp/De/), Guaranty (Franklin Credit Management Corp/De/), Guaranty (Franklin Credit Management Corp/De/)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each affected Guarantor and the Buyer, provided that any provision Administrative Agent in accordance with Section 13.2 of this Guaranty may be waived by the BuyerCredit Agreement.

Appears in 4 contracts

Samples: Secured Bridge Term Credit Agreement (NXP Semiconductors N.V.), Secured Bridge Term Credit Agreement (Freescale Semiconductor, Ltd.), Secured Term Credit Agreement (NXP Semiconductors N.V.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor each Obligor and the Buyer, provided that any provision Administrative Agent in accordance with Section 10.02 of this Guaranty may be waived by the BuyerCredit Agreement.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Western Gas Partners LP), Revolving Credit Agreement (Western Gas Partners LP), Assumption Agreement

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerPurchasers.

Appears in 3 contracts

Samples: Securities Purchase Agreement (Internet Commerce Corp), Subsidiary Guaranty (Irvine Sensors Corp/De/), Subsidiary Guaranty (Internet Commerce Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by pursuant to a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyerparties hereto.

Appears in 3 contracts

Samples: Guaranty (Mirion Technologies, Inc.), Guaranty (Mirion Technologies, Inc.), Guaranty (Mirion Technologies, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, and the Buyer, ; provided that any provision of this Guaranty may be waived in writing by the Buyer.

Appears in 2 contracts

Samples: loanDepot, Inc., Guaranty Agreement (PennyMac Mortgage Investment Trust)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None a)None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Buyer, Administrative Agent; provided that any provision of this Guaranty may be waived in writing by the BuyerAdministrative Agent.

Appears in 2 contracts

Samples: Series 2023 (PennyMac Financial Services, Inc.), Series 2020 (PennyMac Financial Services, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer.

Appears in 2 contracts

Samples: Guaranty (PHH Corp), American Home Mortgage Investment Corp

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, Chase; provided that any provision of this Guaranty may be waived in writing by the BuyerChase.

Appears in 2 contracts

Samples: Guaranty (PennyMac Mortgage Investment Trust), Guaranty (Pennymac Financial Services, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Other than in the case of the delivery of a Supplement by an additional Guarantor or the release or discharge of a Guarantor in accordance with the Credit Documents, none of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each affected Guarantor and the Buyer, provided that any provision Administrative Agent in accordance with Section 13.3 of this Guaranty may be waived by the BuyerCredit Agreement.

Appears in 2 contracts

Samples: Guaranty (NXP Semiconductors N.V.), Credit Agreement (NXP Semiconductors N.V.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerAgent.

Appears in 2 contracts

Samples: Subsidiary Guaranty (Remington Arms Co Inc/), Subsidiary Guaranty (Remington Arms Co Inc/)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerMLMCI, provided that any provision of this Guaranty may be waived by the BuyerMLMCI.

Appears in 2 contracts

Samples: Guaranty (Affordable Residential Communities Inc), Affordable Residential Communities Inc

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each affected Guarantor and the Buyer, provided that any provision Administrative Agent in accordance with Section 13.3 of this Guaranty may be waived by the BuyerCredit Agreement.

Appears in 2 contracts

Samples: Secured Revolving Credit Agreement (NXP Semiconductors N.V.), Secured Revolving Credit Agreement (Freescale Semiconductor, Ltd.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Limited Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Limited Guaranty binding on Guarantor may be waived by the Buyer.

Appears in 2 contracts

Samples: Limited Guaranty (FS Credit Real Estate Income Trust, Inc.), FS Credit Real Estate Income Trust, Inc.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision Agent in accordance with subsection 12.1 of this Guaranty may be waived by the BuyerCredit Agreement.

Appears in 2 contracts

Samples: Guaranty (Resaca Exploitation, Inc.), Guaranty (Resaca Exploitation, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerAdministrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Affiliated Managers Group Inc), Credit Agreement (Affiliated Managers Group Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerBeneficiary.

Appears in 2 contracts

Samples: Completion Guaranty, Completion Guaranty

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Limited Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer.

Appears in 2 contracts

Samples: Limited Guaranty (Homebanc Corp), Limited Guaranty (Homebanc Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer.

Appears in 2 contracts

Samples: Guaranty (Pennymac Financial Services, Inc.), Guaranty (Pennymac Financial Services, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, and the Buyer, ; provided that any provision of this Guaranty may be waived by the Buyer.

Appears in 2 contracts

Samples: Guaranty Agreement (New Century Financial Corp), Guaranty Agreement (New Century Financial Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, ; provided that any provision of this Guaranty may be waived by the Buyer.

Appears in 2 contracts

Samples: Guaranty (Pennymac Financial Services, Inc.), Guaranty (PennyMac Mortgage Investment Trust)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the VFN Guarantor and the Buyer, Administrative Agent; provided that any provision of this Guaranty may be waived in writing by the BuyerAdministrative Agent.

Appears in 2 contracts

Samples: PennyMac Financial Services, Inc., PennyMac Financial Services, Inc.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, Buyer and the Buyer, Repo Agent; provided that any provision of this Guaranty Agreement may be waived in writing by the BuyerBuyer or Repo Agent.

Appears in 2 contracts

Samples: Guaranty Agreement (Angel Oak Mortgage, Inc.), Guaranty Agreement (Angel Oak Mortgage, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, Administrative Agent; provided that any provision of this Guaranty may be waived by the BuyerAdministrative Agent.

Appears in 2 contracts

Samples: Limited Recourse Guaranty (Franklin Credit Holding Corp/De/), Limited Recourse Guaranty (Franklin Credit Holding Corp/De/)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, and the Buyer, Lender; provided that any provision of this Guaranty may be waived in writing by the BuyerLender.

Appears in 1 contract

Samples: Limited Guaranty Agreement (PennyMac Mortgage Investment Trust)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Buyer, Lender; provided that any provision of this Guaranty may be waived in a writing executed by the BuyerLender.

Appears in 1 contract

Samples: Guaranty and Security Agreement (General Motors Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerLender.

Appears in 1 contract

Samples: Guaranty (Impco Technologies Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerLender.

Appears in 1 contract

Samples: Guaranty (Biosphere Medical Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and Buyer; provided, that on any date on or prior to the Buyerdate on which all obligations of Seller and Guarantor under the Principal Agreements are fully satisfied, provided that any provision of this Guaranty may be waived by the Buyer by a written instrument executed by Buyer.,

Appears in 1 contract

Samples: Guaranty and Security Agreement (Radian Group Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Limited Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerCollateral Agent, provided that any provision of this Limited Guaranty may be waived by with the Buyerwritten consent of the Collateral Agent.

Appears in 1 contract

Samples: Limited Guaranty (Nicholas Financial Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty rights granted to the Buyer hereunder may be waived by the Buyer.

Appears in 1 contract

Samples: Guaranty (Rocket Companies, Inc.)

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Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerAgent.

Appears in 1 contract

Samples: Security Agreement (Petroleum Helicopters Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (ab) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerLender.

Appears in 1 contract

Samples: Guaranty (Altisource Residential Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, and the Buyer, Lender; provided that any provision of this Guaranty may be waived by the BuyerLender.

Appears in 1 contract

Samples: Guaranty Agreement (New Century Financial Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the BuyerBuyer in writing.

Appears in 1 contract

Samples: Guaranty (PennyMac Mortgage Investment Trust)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, Agent; provided that any provision of this Guaranty may be waived in writing by the BuyerAgent.

Appears in 1 contract

Samples: Guaranty and Pledge Agreement (iDNA, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the Buyer, ; provided that any provision of this Guaranty may be waived in writing by the Buyer.

Appears in 1 contract

Samples: Guaranty (AG Mortgage Investment Trust, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, ; provided that any provision of this Guaranty may be waived in writing by the Buyer.

Appears in 1 contract

Samples: Guaranty (PHH Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Parent Guarantor and Buyer; provided, that on any date on or prior to the Buyerdate on which all obligations of Seller and Parent Guarantor under the Principal Agreements are fully satisfied, provided that any provision of this Guaranty may be waived by the Buyer by a written instrument executed by Buyer.,

Appears in 1 contract

Samples: Guaranty Agreement (Radian Group Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor - 11 - Guarantor, Buyer and the Buyer, Repo Agent; provided that any provision of this Guaranty Agreement may be waived in writing by the BuyerBuyer or Repo Agent.

Appears in 1 contract

Samples: Guaranty Agreement (Angel Oak Mortgage REIT, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (aac) None of the terms or provisions of this Guaranty Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, Buyer and the Buyer, Repo Agent; provided that any provision of this Guaranty Agreement may be waived in writing by the BuyerBuyer or Repo Agent.

Appears in 1 contract

Samples: Guaranty Agreement (Angel Oak Mortgage, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this NAC Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the NAC Guarantor and the Buyer, Agent; provided that any provision of this NAC Guaranty may be waived in writing by the BuyerAgent.

Appears in 1 contract

Samples: Guaranty and Pledge Agreement (iDNA, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer.

Appears in 1 contract

Samples: Limited Guaranty (RMR Mortgage Trust)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerBuyers, provided that any provision of this Guaranty may be waived by the BuyerBuyers.

Appears in 1 contract

Samples: Guaranty (Novastar Financial Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the BuyerLender, provided that any provision of this Guaranty may be waived by the BuyerLender.

Appears in 1 contract

Samples: Residual Financing Facility Agreement (New Century Financial Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantor, Buyer and the Buyerapplicable Purchaser, provided that any provision of this Guaranty may be waived by Buyer and the Buyerapplicable Purchaser.

Appears in 1 contract

Samples: Guaranty (PHH Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor each Obligor and the Buyer, provided that any provision Administrative Agent in accordance with Section 10.02 of this Guaranty may be waived by the BuyerLoan Agreement.

Appears in 1 contract

Samples: Term Loan Agreement (Western Gas Partners LP)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the BuyerRequired Holders, provided except that any provision no such amendment or waiver may, without the written consent of each Holder, release the Guarantor under this Guaranty may be waived by the BuyerGuaranty.

Appears in 1 contract

Samples: The Note Purchase Agreement (Mastercard Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Buyer, Administrative Agent; provided that any provision of this Guaranty may be waived in writing by the BuyerAdministrative Agent.

Appears in 1 contract

Samples: PennyMac Mortgage Investment Trust

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty intended to benefit the Buyer and not the Guarantor may be waived by the Buyer.

Appears in 1 contract

Samples: Guaranty (RAIT Financial Trust)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Buyer, provided that any provision of this Guaranty may be waived by the Buyer.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Home Point Capital Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Other than in the case of the delivery of a Supplement by an additional Guarantor or the release of a Guarantor in accordance with the Credit Documents, none of the terms or provisions of this Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each affected Guarantor and the Buyer, provided that any provision Administrative Agent in accordance with Section 13.3 of this Guaranty may be waived by the BuyerCredit Agreement.

Appears in 1 contract

Samples: Credit Agreement (NXP Semiconductors N.V.)

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