Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 24 contracts
Samples: Joinder Agreement (Agl Resources Inc), Bridge Term Loan Credit Agreement (Agl Resources Inc), Term Loan Credit Agreement (Agl Resources Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 8 contracts
Samples: Credit Agreement (Kennametal Inc), Kennametal Inc, Kennametal Inc
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 4 contracts
Samples: Guarantee (UTAC Holdings Ltd.), Guarantee (Recoton Corp), Guarantee Agreement (RBX Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, Required Lenders; provided that any provision of this Guarantee may be waived by the Administrative Agent and the Required Lenders in a letter or agreement executed by the Administrative Agent or Required Lenders provided by telex or facsimile transmission from the Administrative Agent.
Appears in 4 contracts
Samples: Security Agreement (Navistar International Corp), Servicing Agreement (Navistar Financial Corp), Parent Guarantee (Navistar International Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee Agreement may be waived by the Administrative Collateral Agent and the Lenders Secured Parties in a letter or agreement executed by the Administrative Collateral Agent or by telex or facsimile transmission from the Administrative Collateral Agent.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement (Cypress Energy Partners, L.P.), Credit Agreement (Cypress Energy Partners, L.P.)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Collateral Agent, ; provided that any provision of this Guarantee may be waived by the Administrative Agent and the Required Lenders in pursuant to a letter or agreement executed by the Administrative Collateral Agent or by telex or facsimile telecopy transmission from the Administrative Collateral Agent.
Appears in 3 contracts
Samples: Guarantee Agreement, Amended and Restated Guarantee Agreement (GrafTech Holdings Inc.), Guarantee Agreement (Graftech International LTD)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders and the Issuing Lender in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 2 contracts
Samples: Pledge Agreement (Denali Inc), Denali Inc
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders Secured Parties in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 2 contracts
Samples: Parent Guarantee (RAIT Financial Trust), Parent Guarantee (RAIT Financial Trust)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex facsimile or facsimile other electronic transmission from the Administrative Agent.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Kennametal Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission telecopy from the Administrative Agent.
Appears in 2 contracts
Samples: Preferred Stock Subsidiaries' Guarantee (Apartment Investment & Management Co), Subsidiaries' Guarantee (Apartment Investment & Management Co)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Collateral Agent, ; provided that any provision of this Guarantee Agreement may be waived by the Administrative Agent and the Required Lenders in pursuant to a letter or agreement executed by the Administrative Collateral Agent or by telex or facsimile telecopy transmission from the Administrative Collateral Agent.
Appears in 2 contracts
Samples: Guarantee Agreement (Graftech International LTD), Guarantee Agreement (Graftech International LTD)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent, the Co-Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Case Credit Corp), Revolving Credit Agreement (Case Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and such of the Lenders as may be required under the provisions of the Credit Agreement to concur in the action then being taken in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 2 contracts
Samples: Guarantee Agreement (Agl Resources Inc), Guarantee (Agl Resources Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative AgentRequired Lenders, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Required Lenders in a letter or agreement executed by the Administrative Agent Required Lenders or by telex or facsimile transmission from the Administrative Agent.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Navistar International Corp), Parent Guarantee (Navistar International Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided PROVIDED that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 2 contracts
Samples: Subsidiaries Guarantee (Homeside Lending Inc), Claires Stores Inc
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None ----------------------------------------------------- of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this -------- Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Weigh Tronix Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of ----------------------------------------------------- the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may -------- be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Hanover Compressor Co /
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided PROVIDED that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed facsimile transmission by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Credit and Guarantee Agreement (Warren S D Co /Pa/)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Execution Copy (Federal Mogul Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative AgentAgent on behalf of the Guaranteed Parties, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders Guaranteed Parties in a letter or agreement executed by the Administrative Agent or by telex telex, electronic or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent Agent, the Lenders and the Lenders Issuing Lender in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative AgentAgent (on behalf of the Lenders or the Required Lenders, as the case may be), provided that any provision of this Guarantee may be waived by the Administrative Agent and (on behalf of the Lenders or the Required Lenders, as the case may be) in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, Required Lenders; provided that any provision of this Guarantee may be waived by the Administrative Agent and the Required Lenders in a letter or agreement executed by the Administrative Agent or Required Lenders provided by telex or facsimile e-mail transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee with respect to any Guarantor may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the such Guarantor and the Administrative Agent, provided PROVIDED that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided PROVIDED that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders and the Issuing Lender in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders Banks in a letter or agreement executed by the Administrative Agent or by telex telecopy, email, facsimile or facsimile other electronic transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Food Lion Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) a. None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided PROVIDED that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided PROVIDED that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Recoton Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Fidelity Leasing Inc
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Food Lion Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) 16.1 None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent (other than supplements, in form and substance acceptable to the Administrative Agent, for the purpose of adding new Guarantors), provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Sybron International Corp
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative AgentAgent in accordance with subsection 11.1 of the Credit Agreement, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders Banks in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission telecopy from the Administrative Agent.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent (other than supplements, in form and substance acceptable to the Administrative Agent, for the purpose of adding new Guarantors), provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Sybron International Corp
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be -------- waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Hanover Compressor Co /
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor Guarantors and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: First Amended and Restated Guarantee (Ifco Systems Nv)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the ----------------------------------------------------- terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be -------- waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Agl Resources Inc
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract
Samples: Guarantee (Ifco Systems Nv)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Guarantor and the Administrative Agent, ; provided that any provision of this Guarantee may be waived by the Administrative Agent and other holders of the Lenders Obligations in a letter or agreement executed by the Administrative Agent or by telex facsimile or facsimile other electronic transmission from the Administrative Agent.
Appears in 1 contract
Samples: Credit Agreement (Kennametal Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) c. None of the terms or provisions of this Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Administrative Agent, provided that any provision of this Guarantee may be waived by the Administrative Agent and the Lenders Banks in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.
Appears in 1 contract