Amendments, Modifications, Waivers. This Agreement, including the Exhibits hereto, may be only be modified, amended or supplemented, and any of the terms hereof may only be waived, by an agreement in writing (which may include a response to an electronic mail by counsel to the applicable parties) among the Company and the Requisite Noteholders; provided, that (i) if such modification, amendment, supplement or waiver (a) modifies the Expiration Date, the consent in writing (which may include a response to an electronic mail by counsel to the applicable parties) of each Consenting Noteholder shall be required for such modification, amendment, supplement, or waiver to be effective with respect to such Consenting Noteholder; provided, further, however, that the Company and the Requisite Noteholders may extend, one time only, the Expiration Date to a date that is not more than 30 calendar days after the Expiration Date (as defined herein, including any extension pursuant to Section 6(a)(i) hereof) without the consent of each Consenting Noteholder; (b) modifies the rate at which the Notes are to be exchanged for Class B Preferred Shares that would represent a variation of the number of Class B Preferred Shares to be received by the Consenting Noteholders by more than 10% in the aggregate, the consent in writing of each Consenting Noteholder shall be required for such modification, amendment, supplement, or waiver to be effective; (c) would have a material adverse effect on the rights of, or would create any material liability for, the Consenting Noteholders, the consent in writing of each Consenting Noteholder shall be required for such modification, amendment, supplement, or waiver to be effective for such Consenting Noteholder; (d) impacts the rights of any Consenting Noteholder in its capacity as a Consenting Noteholder differently from the other Consenting Noteholders, the agreement in writing of such Consenting Noteholder whose rights are so impacted shall be required for such modification, amendment, supplement or waiver to be effective; or (e) modifies this Section 10, the consent in writing (which may include a response to an electronic mail by counsel to the applicable parties) of each Consenting Noteholder shall be required for such modification, amendment, supplement, or waiver to be effective with respect to such Consenting Noteholder; and (ii) for purposes of determining the “Requisite Noteholders” required pursuant to this Section 10 to consent in respect of any modification, amendme...
Amendments, Modifications, Waivers. No provision of this Agreement may be amended, modified, waived or discharged, unless such amendment, modification, waiver or discharge is agreed to in writing and signed by the Executive and such officer or director of the Company as may be designated by the Board. For purposes of this Section 14, a “writing” shall not include facsimile or e-mail. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time unless such waiver specifically states that it is to be construed as a continuing waiver.
Amendments, Modifications, Waivers. This Letter Agreement may be waived, changed, modified or discharged only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought.
Amendments, Modifications, Waivers. No amendment, modification or waiver of any provisions of this Agreement shall be effective unless the same shall be in writing and signed by each of the parties hereto, and then such waiver or consent shall be effective only in specific instances and for the specific purpose for which given.
Amendments, Modifications, Waivers. This AGREEMENT cannot be amended or modified except by a written document signed by both SUB and Executive and no provision can be waived except by a written document signed by the waiving party.
Amendments, Modifications, Waivers. Any term of this Agreement or of the Notes may be amended and the observance of any term of this Agreement or of the Notes may be waived (either generally or in a particular instance and either retroactively or prospectively) only with the written consent of the Borrower and the Lender.
Amendments, Modifications, Waivers. 16 14.8 SEVERABILITY................................................................................16 14.9
Amendments, Modifications, Waivers. No provision of this Agreement may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing and signed by Executive and the Company. The failure of a party to insist upon strict adherence to any term of the Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of the Agreement.
Amendments, Modifications, Waivers. This Agreement may be amended or ---------------------------------- modified only by an instrument in writing executed by the party against whom enforcement of the amendment or modification is sought. The President or any Vice President of any party may by a signed writing give any consent, take any action, waive any inaccuracies in representations or other compliance by any other party to any of the covenants or conditions herein, modify the terms of this Agreement, or take any other action deemed by him to be necessary or appropriate to consummate the transactions contemplated by this Agreement; provided, however, that no such consent, waiver (other than a waiver described -------- ------- in Section 11.7 hereof), modification, or other action given or taken after this Agreement has been approved by the Genesis Members or the JWCFS Shareholders shall (i) reduce the consideration payable to the Genesis Members in the Combination, (ii) reduce substantially the rights or benefits of the JWCFS Shareholders, or (iii) increase the indemnification obligation of any Genesis Member.
Amendments, Modifications, Waivers. (a) Except as otherwise specified herein, this Support Agreement (including, without limitation, the Term Sheet) may only be modified, amended or supplemented, and any of the terms thereof may only be waived, by an agreement in writing signed by each of the Company and the Requisite Investors; provided further that any modification, amendment, supplement or waiver with respect to Section 2.1 (g) shall require an agreement in writing signed only by the Company and Consenting Noteholders that hold a majority of all Second Lien Notes by amount that were held by all Consenting Noteholders on the Effective Date; provided, further, that any modification, amendment, supplement or waiver with respect to sections 2.1(l) or 2.2(a) shall require the agreement of the Company, each non-breaching Apollo Entity and non-breaching Consenting Holders holding a majority of all Second Lien Notes by dollar amount held by all Consenting Noteholders on the Effective Date and any breaching Apollo Entity or breaching Consenting Noteholder shall be disregarded for such purposes; provided, further, that if the modification, amendment, supplement or waiver at issue adversely impacts the treatment or rights of any Consenting Noteholder differently than other Consenting Noteholders, the agreement in writing of such Consenting Noteholder whose treatment or rights are adversely impacted in a different manner than other Consenting Noteholders shall also be required for such modification, amendment, supplement, or waiver to be effective.
