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 Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders and each affected Subordinated Lender. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior Lenders, 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. (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 Senior Lender, the Administrative Agent, each affected Subordinated Borrower Debtors and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from Senior Lender. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior LendersLender or Subordinated Lender, 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. (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 Administrative AgentSenior Lender, each affected Subordinated the Borrower and each affected the Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by facsimile transmission from the Senior Lender. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior LendersLender, 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. (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 Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders Administrative Agent and each affected Subordinated Lender. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior Lenders, 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. (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 Administrative AgentSenior Lender, each affected Subordinated Borrower the Borrowers, the Guarantor and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior LendersLender, 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. (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 Administrative AgentSenior Lender, each affected Subordinated the Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior LendersLender, 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. (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 Administrative Agent, each affected Subordinated the Borrower and each affected Subordinated LenderHolder; provided that any provision of this Agreement may be waived by the Agent and the Senior Lenders in a letter or agreement executed by the Required Lenders and each affected Subordinated LenderAgent or by telex or facsimile transmission from the Agent. (b) No failure to exercise, nor any delay in exercising, on the part of the Agent or any Senior LendersLender, 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. (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 these subordination provisions may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Controlling Agent, each affected Subordinated Borrower the [Issuer][Guarantor] and each affected the Subordinated Lender; provided that any provision of this Agreement these subordination provisions may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders and each affected Subordinated Lender or by facsimile transmission from each Lender. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior Lenders, 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. (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 each Guarantor and the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement Guarantee may be waived by the Senior Administrative Agent and the Lenders in a letter or agreement executed by the Required Lenders and each affected Subordinated LenderAdministrative Agent or by telecopy from the Administrative Agent. (b) No failure to exercise, nor any exercise and no delay in exercising, on the part of the Senior Lenderseither Agent or any Lender, any right, remedy, power or privilege hereunder under this Guarantee shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. (c) The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently cumulative and are not exclusive of any other rights or remedies rights, remedies, powers and privileges 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 Administrative AgentSenior Lender, each affected Subordinated Borrower the Debtors and each affected the Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender. (b) No failure to exercise, nor any delay in exercising, on the part of either the Senior LendersLender or the Subordinated Lender, 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. (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 Administrative AgentGECC, each affected Subordinated Borrower and each affected Subordinated LenderTRI; provided that any provision of this Agreement may be waived by the Senior Lenders GECC or TRI in a letter or agreement executed by the Required Lenders and each affected Subordinated LenderGECC or TRI, as applicable, or by telex or facsimile transmission from GECC or TRI, as applicable. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior LendersGECC or TRI, 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. (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 Administrative AgentSenior Lender, each affected Subordinated Borrower Credit Party and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior LendersLender, 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. (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) 1. 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 Administrative Agent, the Collateral Agent, each affected Subordinated Borrower and each affected Subordinated Lender; , provided that any provision of this Agreement may be waived by the Senior Lenders Secured Parties in a letter or agreement executed by the Required Lenders Collateral Agent, the Administrative Agent and each affected Subordinated Lender. (b) 2. No failure to exercise, nor any delay in exercising, on the part of the Senior LendersSecured Parties, 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. (c) 3. 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 Second Amendment may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentSenior Lender, each affected Subordinated Borrower the Debtors and each affected of the Subordinated LenderLenders; provided that any provision of this Agreement Second Amendment may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender. (b) No failure to exercise, nor any delay in exercising, on the part of either the Senior Lender or the Subordinated Lenders, 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. (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 Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; , provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders Administrative Agent and each affected Subordinated Lender. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior Lenders, 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. (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 Administrative AgentSenior Lender, each affected Subordinated Borrower the Borrowers, Holding Co. and each affected Subordinated LenderCreditor; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior LendersLender, 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. (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 First Amendment may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentSenior Lender, each affected Subordinated Borrower the Debtors and each affected of the Subordinated LenderLenders; provided that any provision of this Agreement First Amendment may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender. (b) No failure to exercise, nor any delay in exercising, on the part of either the Senior Lender or the Subordinated Lenders, 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. (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 modified, except by a written instrument executed by the Administrative AgentSenior Lenders, each affected Subordinated the Borrower and each affected the Subordinated LenderNoteholder; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Senior Lenders and each affected Subordinated Lenderor by telex or facsimile transmission from the Senior Lenders. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior Lenders, 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. (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 modified, except by a written instrument executed by Senior Creditor, Subordinated Noteholder, the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lenderthe Parent; provided that any provision of this Agreement may be waived by the Senior Lenders Creditor in a letter or agreement executed by the Required Lenders and each affected Subordinated LenderSenior Creditor or by telex or facsimile transmission from Senior Creditor. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior LendersCreditor, 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. (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 Administrative Agent, each affected Senior Transaction Party and the Subordinated Borrower and each affected Subordinated LenderTransaction Party; provided that any provision of this Agreement may be waived by the Senior Lenders Transaction Party in a letter or agreement executed by the Required Lenders and each affected Subordinated LenderSenior Transaction Party or by facsimile transmission from the Senior Transaction Party. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior LendersTransaction 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. (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 Administrative Agent, each affected Subordinated Borrower Guarantor and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Bank Secured Parties in a letter or agreement executed by the Required Lenders Administrative Agent and each affected Subordinated Lender. (ba) No failure to exercise, nor any or delay in exercising, on the part of the Senior LendersAdministrative Agent or any Bank Secured Parties, in exercising any rightpower, power right or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege or any abandonment or discontinuance of steps to enforce such a right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. (cb) 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 Administrative Senior Agent, each affected Subordinated Borrower Credit Party and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Agent in a letter or agreement executed by the Required Lenders and each affected Subordinated LenderSenior Agent or by telex or facsimile transmission from the Senior Agent. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior LendersAgent or any Senior Lender, 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. (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.