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 Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Corporate Trustee, provided that any provision of this Agreement may be waived by the Corporate Trustee and the Secured Parties in a letter or agreement executed by the Corporate Trustee or by facsimile transmission from the Corporate Trustee. (b) Neither the Corporate Trustee nor any Secured Party shall by any act (except by a written instrument pursuant to paragraph 17.(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Corporate Trustee or any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee or any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Corporate Trustee or such Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Corporate Trustee, Collateral Agent; provided that any provision of this Agreement may be waived by the Corporate Trustee and the Secured Parties in Required Lenders pursuant to a letter or agreement executed by the Corporate Trustee Collateral Agent or by facsimile telecopy transmission from the Corporate TrusteeCollateral Agent. (b) Neither the Corporate Trustee nor any No Secured Party shall by any act (except by a written instrument pursuant to paragraph 17.(aSection 20(a)), delay, indulgence, omission ) or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Corporate Trustee or any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee or any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Corporate Trustee or such Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors and the Corporate Trustee, provided that any provision of this Agreement may be waived by the Corporate Trustee Pledgor and the Secured Parties in a letter or agreement executed by the Corporate Trustee or by facsimile transmission from the Corporate TrusteeParty. (b) Neither the Corporate Trustee nor any The Secured Party shall not by any act (except by a written instrument pursuant to paragraph 17.(a)17 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Corporate Trustee or any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee or any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Corporate Trustee or such Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Corporate Trustee, provided that any provision of this Agreement may be waived by the Corporate Trustee and the Secured Parties in a letter or agreement executed by the Corporate Trustee or by telex or facsimile transmission from the Corporate Trustee. (b) Neither the Corporate The Trustee nor any Secured Party shall will not by any act (except by a written instrument pursuant to paragraph 17.(a)17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Corporate Trustee or any Secured PartyTrustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee or any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Corporate Trustee or such Secured Party would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Parent Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Corporate Trustee, Collateral Agent; provided that any provision of this Agreement Parent Guarantee may be waived by the Corporate Trustee and the Secured Parties Collateral Agent in a letter or agreement written instrument executed by the Corporate Trustee or by facsimile transmission from the Corporate TrusteeCollateral Agent. (b) Neither the Corporate Trustee nor any Secured Party The Collateral Agent shall not by any act (except by a written instrument pursuant to paragraph 17.(a)Section 16(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Corporate Trustee or any Secured PartyCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee or any Secured Party Collateral Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Corporate Trustee or such Secured Party Collateral Agent would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors Guarantor and the Corporate Trustee, Beneficiaries; provided that any provision of this Agreement Guarantee may be waived by the Corporate Trustee and the Secured Parties Beneficiaries in a letter or agreement executed by the Corporate Trustee Beneficiaries or by telex or facsimile transmission from the Corporate TrusteeBeneficiaries. (b) Neither the Corporate Trustee nor any Secured Party The Beneficiaries shall not by any act (except by a written instrument pursuant to paragraph 17.(a)15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Corporate Trustee or any Secured Party, Beneficiaries any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee or any Secured Party Beneficiaries of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Corporate Trustee or such Secured Party Beneficiaries would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Corporate TrusteeBeneficiaries; provided, provided however, that any provision of this Agreement Guarantee may be waived by the Corporate Trustee and the Secured Parties Beneficiaries in a letter or agreement executed by the Corporate Trustee Beneficiaries or by telex or facsimile transmission from the Corporate TrusteeBeneficiaries. (b) Neither the Corporate Trustee nor any Secured Party The Beneficiaries shall not by any act (except by a written instrument pursuant to paragraph 17.(aClause 12.5(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Corporate Trustee or any Secured PartyBeneficiary, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee or any Secured Party Beneficiaries of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Corporate Trustee or such Secured Party Beneficiaries would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, restated, supplemented or otherwise modified except by a written instrument executed by the Pledgors Pledgor and the Corporate TrusteeCalliope, provided that any provision of this Pledge Agreement may be waived by the Corporate Trustee and the Secured Parties Calliope in a letter or agreement executed by the Corporate Trustee Calliope or by facsimile transmission from the Corporate TrusteeCalliope. (b) Neither the Corporate Trustee nor any Secured Party Calliope shall not by any act (except by a written instrument pursuant to paragraph 17.(a)Section 21(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Corporate Trustee or any Secured PartyCalliope, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee or any Secured Party Calliope of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Corporate Trustee or such Secured Party Calliope would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors affected Pledgor(s) and the Corporate Trustee, provided that any provision Collateral Agent in accordance with Section 11.01 of this Agreement may be waived by the Corporate Trustee and the Secured Parties in a letter or agreement executed by the Corporate Trustee or by facsimile transmission from the Corporate TrusteeCredit Agreement. (b) Neither the Corporate Trustee Collateral Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to paragraph 17.(a)Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofhereof or of any other applicable Secured Debt Document. No failure to exercise, nor any delay in exercising, on the part of the Corporate Trustee Collateral Agent or any other Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee Collateral Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Corporate Trustee Collateral Agent or such other Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by in accordance with Section 14.1 of the Pledgors and the Corporate Trustee, provided that any provision of this Agreement may be waived by the Corporate Trustee and the Secured Parties in a letter or agreement executed by the Corporate Trustee or by facsimile transmission from the Corporate TrusteeCredit Agreement. (b) Neither the Corporate Trustee Collateral Agent nor any other Foreign Obligations Secured Party shall by any act (except by a written instrument pursuant to paragraph 17.(aSection l 6(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Corporate Trustee Collateral Agent or any other Foreign Obligations Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee Collateral Agent or any other Foreign Obligations Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Corporate Trustee Collateral Agent or such any Foreign Obligations Secured Party would otherwise have on any future occasion. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement Parent Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Guarantor and the Corporate Trustee, Collateral Agent; provided that any provision of this Agreement Parent Guarantee may be waived by the Corporate Trustee and the Secured Parties Collateral Agent in a letter or agreement written instrument executed by the Corporate Trustee or by facsimile transmission from the Corporate TrusteeCollateral Agent. (b) Neither the Corporate Trustee nor any Secured Party The Collateral Agent shall not by any act (except by a written instrument pursuant to paragraph 17.(a)Section 17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Corporate Trustee or any Secured PartyCollateral Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee or any Secured Party Collateral Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Corporate Trustee or such Secured Party Collateral Agent would otherwise have on any future occasion. (c) . The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, restated, supplemented or otherwise modified except by a written instrument executed by the Pledgors each Pledgor and the Corporate TrusteeAdministrative Agent, provided that any provision of this Pledge Agreement may be waived by the Corporate Trustee and the Secured Parties Administrative Agent in a letter or agreement executed by the Corporate Trustee Administrative Agent or by facsimile transmission from the Corporate TrusteeAdministrative Agent. (b) Neither the Corporate Trustee nor any Secured Party Administrative Agent shall not by any act (except by a written instrument pursuant to paragraph 17.(a)Section 18(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, exercising on the part of the Corporate Trustee or any Secured PartyAdministrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Corporate Trustee or any Secured Party Administrative Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Corporate Trustee or such Secured Party Administrative Agent would otherwise have on any future occasion. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.