Amendments; Waivers; Additional Grantors; Etc. (a) No amendment, modification or waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by the Secured Party, and, in the case of any such amendment or modification by the Grantors, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given, provided, that this Agreement may be modified to the extent provided therein by the execution of a Security Agreement Supplement by an Additional Grantor in accordance with Section 18(b) hereof. No failure on the part of the Secured Party to exercise, and no delay in exercising any right hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.
Appears in 4 contracts
Samples: Security Agreement (Gap Inc), Security Agreement (Gap Inc), Security Agreement (Gap Inc)
Amendments; Waivers; Additional Grantors; Etc. (a) No amendmentSubject to Article IX of the Indenture and Section 2.11(b) of the Intercreditor Agreement, modification no amendment or waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by (i) each Grantor (other than the Secured Party, and, in the case of any Issuer) to which such amendment or modification by waiver is to apply, (ii) the GrantorsIssuer and (iii) the Noteholder Collateral Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given, provided, that this Agreement may be modified to the extent provided therein by the execution of a Security Agreement Supplement by an Additional Grantor in accordance with Section 18(b) hereof. No failure on the part of the Noteholder Collateral Agent or any other Secured Party to exercise, and no delay in exercising any right hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.
Appears in 2 contracts
Samples: Collateral Agreement (Ply Gem Holdings Inc), Collateral Agreement (Ply Gem Holdings Inc)
Amendments; Waivers; Additional Grantors; Etc. (a) No amendment, modification or waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by the Secured PartyCollateral Agent, and, in the case of any such amendment or modification by the Grantors, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given, provided, that this Agreement may be modified to the extent provided therein by the execution of a Security Agreement Supplement by an Additional Grantor Guarantor in accordance with Section 18(b) hereof. No failure on the part of the Collateral Agent or any other Secured Party to exercise, and no delay in exercising any right hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.
Appears in 1 contract
Samples: Security Agreement (Gap Inc)