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 Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Guarantor and the Lender.

Appears in 12 contracts

Samples: Guarantee (Panda Global Holdings Inc), Guarantee (Panda Global Holdings Inc), Guarantee (Panda Global Holdings Inc)

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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 Guarantor and the Lender, provided that any provision of this Guarantee may be waived by the Lender in a letter or agreement executed by the Lender or by telex or facsimile transmission from the Lender.

Appears in 12 contracts

Samples: Guarantee (XZERES Corp.), Guarantee (Media Arts Group Inc), Guarantee (Charys Holding Co 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 Guarantor affected Guarantor(s) and the LenderAdministrative Agent in accordance with Section 13.1 of the Credit Agreement.

Appears in 7 contracts

Samples: Pledge Agreement (Roan Resources, Inc.), Credit Agreement (Chesapeake Energy Corp), Security Agreement (Rockwood Holdings, 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 Guarantor affected Guarantor(s) and the LenderAdministrative Agent in accordance with Section 14.1 of the Credit Agreement.

Appears in 7 contracts

Samples: Credit Agreement, Collateral Agency Agreement (California Resources Corp), Credit Agreement (California Resources Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. a. None (a) Except as provided herein, 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 LenderPurchasers.

Appears in 4 contracts

Samples: Note and Warrant Purchase Agreement, Note and Warrant Purchase Agreement, Note and Warrant Purchase Agreement (Amicus Therapeutics 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 Guarantor and the LenderHolder, provided that any provision of this Guarantee may be waived by the Holder in a letter or agreement executed by the Holder or by facsimile transmission from the Holder.

Appears in 3 contracts

Samples: Subsidiary Guarantee (Tv Filme Inc), Subsidiary Guarantee (Tv Filme Inc), Subsidiary Guarantee (Tv Filme 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 Guarantor affected Guarantor(s) and the LenderCollateral Agent in accordance with Section 13.1 of the Credit Agreement.

Appears in 3 contracts

Samples: Security Agreement (MultiPlan Corp), Security Agreement (KKR Financial Holdings LLC), Guarantee (Accellent 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 Guarantor and the Lender, provided that any provision of this Guarantee may be waived by the Lender in a letter or agreement executed by the Lender or by facsimile transmission from the Lender.

Appears in 3 contracts

Samples: Corporate Guarantee (S&W Seed Co), Guarantee (Cover All Technologies Inc), Exhibit 6 Guarantee (Katzman Chaim)

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 Guarantor and the LenderCDC.

Appears in 2 contracts

Samples: Guarantee (American Home Mortgage Investment Corp), Guarantee (American Home Mortgage Investment Corp)

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 Lender, provided that any provision of this Guarantee may be waived by the Lender in a letter or agreement executed by the Lender or by facsimile transmission from the Lender.

Appears in 2 contracts

Samples: Corporate Guarantee (Merisel Inc /De/), Corporate Guarantee (Merisel Inc /De/)

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 Guarantor Guarantor, the Sellers and the LenderCDC.

Appears in 2 contracts

Samples: Guarantee (New Century Financial Corp), New Century Financial Corp

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 Guarantor affected Guarantor(s) and the LenderCollateral Agent in accordance with Section 14.1 of the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (California Resources Corp), Passu Intercreditor Agreement (California Resources Corp)

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 an instrument in writing executed by the Guarantor Guarantors and the LenderCollateral Agent.

Appears in 2 contracts

Samples: Guarantee (Hanover Compressor Co /), Guarantee (Hanover Compressor Co /)

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 Guarantor affected Guarantors and the LenderAdministrative Agent in accordance with Section 13.1 of the Loan Agreement.

Appears in 2 contracts

Samples: Energy Future Holdings Corp /TX/, Energy Future Holdings Corp /TX/

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 Guarantor and the Lender.otherwise

Appears in 2 contracts

Samples: Subsidiary Guarantee (Raci Holding Inc), Subsidiary Guarantee (Raci Holding 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 LenderAdministrative Agent in accordance with subsection 11. 1 of the Credit Agreement.

Appears in 1 contract

Samples: Assumption Agreement (Westport Resources Corp /Nv/)

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 Guarantor each affected Guarantor(s) and the LenderAdministrative Agent in accordance with Section 13.1 of the Credit Agreement.

Appears in 1 contract

Samples: Guarantee (Kindercare Learning Centers Inc /De)

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 LenderRequired Lenders.

Appears in 1 contract

Samples: Berg Electronics Corp /De/

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 LenderBeneficiaries; provided, however, that any provision of this Guarantee may be waived by the Beneficiaries in a letter or agreement executed by the Beneficiaries or by telex or facsimile transmission from the Beneficiaries.

Appears in 1 contract

Samples: Sinocom Pharmaceutical, Inc.

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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 Guarantor Guarantor, the Sellers and the LenderIXIS.

Appears in 1 contract

Samples: Guarantee (New Century Financial Corp)

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 Guarantor affected Guarantor(s) and the LenderCollateral Agent in accordance with Section 13.1 of the Credit Agreement or any comparable provision of any Additional First Lien Agreement.

Appears in 1 contract

Samples: Junior Priority Intercreditor Agreement (MultiPlan Corp)

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 Guarantor and the Lender, provided that any provision of this Guarantee may be waived by the Lender in a letter or agreement executed by the Lender or by telex or facsimile transmission from the Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Zunicom 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 Guarantor affected Guarantor(s) and the LenderAgent in accordance with Section 13.1 of the Credit Agreement.

Appears in 1 contract

Samples: Guarantee (Grocery Outlet Holding Corp.)

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 Guarantor Guarantor, the Seller and the LenderCDC.

Appears in 1 contract

Samples: Guarantee (American Home Mortgage Holdings 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 Guarantor and the Lender.

Appears in 1 contract

Samples: Servicing Agreement (Aegean Marine Petroleum Network Inc.)

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

Appears in 1 contract

Samples: Limited Guarantee (Global Signal 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 Guarantor and the LenderBeneficiaries; provided that any provision of this Guarantee may be waived by the Beneficiaries in a letter or agreement executed by the Beneficiaries or by telex or facsimile transmission from the Beneficiaries.

Appears in 1 contract

Samples: Guarantee (Corporate Realty Consultants 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 Guarantor Guarantors and the LenderAgent as provided in Section 9.1 of the Credit Agreement and the Required Investors.

Appears in 1 contract

Samples: Guarantee (Kindercare Learning Centers Inc /De)

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 Guarantor Guarantor, the Seller and the LenderUBS.

Appears in 1 contract

Samples: Guarantee (Rait Investment Trust)

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 Guarantor and the LenderPurchaser.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Aegean Marine Petroleum Network Inc.)

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