Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of the Trustee, the Collateral Agent, the Pledgor, or any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 9 contracts
Samples: Collateral Pledge and Security Agreement (Apex Silver Mines LTD), Collateral Pledge and Security Agreement (McMoran Exploration Co /De/), Collateral Pledge and Security Agreement (Finisar Corp)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 8 contracts
Samples: Collateral Pledge and Security Agreement (World Access Inc /New/), Collateral Pledge and Security Agreement (World Access Inc /New/), Collateral Pledge and Security Agreement (Startec Global Holdings Corp)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trustee, specific instance and for the Collateral Agent, specific purpose for which given. Neither the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 5 contracts
Samples: Pledge Agreement (Durango Corp), Collateral Pledge and Security Agreement (Long Distance International Inc), Collateral Pledge and Security Agreement (Dobson Sygnet Communications Co)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Grantor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trusteespecific instance and for the specific purpose for which given, provided that an amendment or supplement to this Agreement for the purpose contemplated by Section 16 may be entered into by the Grantor, the Collateral AgentTrustee and the Pledged Securities Intermediary without the consent of any Holder, so long as such amendment or supplement is reasonably satisfactory in form and substance to the Grantor, the Pledgor, or Trustee and the Pledged Securities Intermediary. Neither the Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 5 contracts
Samples: Pledge Agreement (Sunterra Corp), Pledge Agreement (Nektar Therapeutics), Pledge Agreement (Nektar Therapeutics)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Grantor from any provision of this Pledge Agreement shall be effective only if in writing, signed by the Trustee and made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trustee, specific instance and for the Collateral Agent, specific purpose for which given. Neither the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Samples: Security Agreement (East Coast Power LLC), Security Agreement (East Coast Power LLC), Security Agreement (East Coast Power LLC)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Leasing Company from any provision of this Pledge Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, Senior Note Indenture and none of the Trustee, Convertible Note Indenture and neither the Collateral Agent, Agent or the Pledgor, Senior Note Trustee nor any Holder of any Senior Note or the Convertible Note Trustee or any Holder of any Convertible Note shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder the Trustees to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Senior Note Trustee or any Holder of any Senior Note or the Convertible Note Trustee or any Holder of any Convertible Note of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeCollateral Agent, the Pledgor, the Collateral Agent either Trustee or any such Holder would otherwise have on any future occasion. The rights right and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Samples: Leasing Company Security and Pledge Agreement (PLD Telekom Inc), Leasing Company Security and Pledge Agreement (PLD Telekom Inc), Leasing Company Security and Pledge Agreement (PLD Telekom Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Issuer from any provision of this Pledge Escrow Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the IndentureLLC Agreement, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Escrow Agent nor any Holder of Preferred Securities shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Escrow Agent or any Holder of Preferred Securities to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Escrow Agent or any Holder of Preferred Securities of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Escrow Agent or such Holder of Preferred Securities would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 3 contracts
Samples: Escrow and Security Agreement (Cellnet Data Systems Inc), Escrow and Security Agreement (Cellnet Data Systems Inc), Escrow and Security Agreement (Cellnet Data Systems Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow and Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Escrow and Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the IndentureIndenture and, in addition, with the written consent of the Escrow Agent, the Trustee and the Representative, and none of the Escrow Agent, the Trustee, the Collateral Agent, the Pledgor, Representative or any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, otherwise to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Escrow Agent, the Trustee, the Pledgor, the Collateral Agent Representative or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Escrow Agent, the Trustee, the Pledgor, the Collateral Agent Representative or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Escrow Agent, the Trustee, the Pledgor, the Collateral Agent Representative or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Escrow and Security Agreement, Escrow and Security Agreement (Universal Health Services Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default (as defined herein) or in any breach of any of the terms and conditions hereof. Consistent with the foregoing, this Pledge Agreement may be amended, its provisions may be waived and departures from its provisions may be consented to by action of the Pledgor and the Trustee, and (if applicable) the Holders of the Notes, as provided in the Indenture, and no such amendment, waiver or consent shall require any action or approval by the Initial Purchasers. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Pledge Agreement (Pathnet Telecommunications Inc), Pledge Agreement (Pathnet Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made in writing and signed by the Collateral Agent and otherwise made or duly given in compliance with all of the terms and provisions of the Indenture, and none then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. None of the Trustee, the Collateral Agent, the Pledgor, Agent or any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Collateral Pledge and Security Agreement (Mg Waldbaum Co), Collateral Pledge and Security Agreement (Mg Waldbaum Co)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Grantor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trusteespecific instance and for the specific purpose for which given, provided that an amendment or supplement to this Agreement for the purpose contemplated by Section 16 may be entered into by the Grantor, the Collateral AgentTrustee and the Pledged Securities Intermediary without the consent of any Holder, so long as such amendment or supplement is reasonably satisfactory in form and substance to the Grantor, the Pledgor, or Trustee and the Pledged Securities Intermediary. Neither the Trustee nor any Holder of Securities shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Securities to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Securities of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Pledge Agreement (Oscient Pharmaceuticals Corp), Pledge Agreement (Oscient Pharmaceuticals Corp)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the applicable terms and provisions of the Senior Debenture Indenture necessary for amendments or waivers of, or consents to any departure by the Pledgor from, any provision of the Senior Debenture Indenture, as applicable, and none of the Trustee, neither the Collateral Agent, the Pledgor, or Agent nor any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a waiver of or a bar to the exercise of any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Indenture (Finlay Enterprises Inc /De), Indenture (Finlay Enterprises Inc /De)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Grantor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trusteespecific instance and for the specific purpose for which given, provided that an amendment or supplement to this Agreement for the purposes contemplated by Section 16 hereof may be entered into by the Grantor, the Collateral AgentTrustee and the Pledged Securities immediately without the consent of any Holder, so long as such amendment or supplement is reasonably satisfactory in form and substance to the Grantor, the Pledgor, or Trustee and the Pledged Securities Intermediary. Neither the Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Pledge Agreement (Global Crossing LTD), Pledge Agreement (Medarex Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow and Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Escrow and Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the IndentureIndenture and, in addition, with the written consent of the Escrow Agent, Trustee and Representative, and none of the Escrow Agent, Trustee, the Collateral Agent, the Pledgor, Representative or any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Escrow Agent, Trustee, the Pledgor, the Collateral Agent Representative or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Escrow Agent, Trustee, the Pledgor, the Collateral Agent Representative or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Escrow Agent, Trustee, the Pledgor, the Collateral Agent Representative or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Escrow and Security Agreement, Escrow and Security Agreement (Eye Care Centers of America Inc)
Amendments, Waivers and Consents. Any amendment or -------------------------------- waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the 13% Note Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default (as defined in the herein) or in any breach of any of the terms and conditions hereof. Consistent with the foregoing, this Agreement may be amended, its provisions may be waived and departures from its provisions may be consented to by action of the Pledgor and the Trustee, and (if applicable) the Holders, as provided in the 13% Note Indenture. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Pledge Agreement (Earthwatch Inc), Recapitalization Agreement (Earthwatch Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the IndenturePurchase Agreement necessary for amendments or waivers of, or consents to any departure by the Pledgor from any provision of, the Purchase Agreement, as applicable, and none of neither the Trustee, the Price Note Collateral Agent, the Pledgor, or Agent nor any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Price Note Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Price Note Collateral Agent or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Price Note Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Note Purchase Agreement (Excel Legacy Corp), Note Purchase Agreement (Excel Legacy Corp)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture necessary for amendments or waivers of, or consents to any departure by the Pledgor from any provision of the Indenture, as applicable, and none of the Trustee, neither the Collateral Agent, the Pledgor, or Agent nor any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Indenture (Willcox & Gibbs Inc /De), Pledge and Security Agreement (Willcox & Gibbs Inc /De)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture necessary for amendments or waivers of, or consents to, any departure by Pledgor from any provision of the Indenture, and none of the Trustee, the Collateral Agent, the Pledgor, or any Holder Trustee not shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event event of Default default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder Trustee to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder Trustee would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Pledge Agreement (Austin Funding Com Corp), Pledge Agreement (Austin Funding Com Corp)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Company from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of Sections 8.01, 8.02, 8.03, 8.06, 9.03, 9.04, 9.05 and 9.08 of the Indenture necessary for amendments or waivers of, or consents to any departure by the Company from any provision of the Indenture, as applicable, and none the Collateral Agent receives an Opinion of Counsel and Officer's Certificate as to such compliance, and neither the Collateral Agent or the Trustee nor any of the Trustee, the Collateral Agent, the Pledgor, or any Holder Holders shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder of the Holders to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of the Holders of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Avatex Corp), Pledge and Security Agreement (Avatex Funding Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trustee, specific instance and for the Collateral Agent, specific purpose for which given. Neither the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 2 contracts
Samples: u.s. Dollar Collateral Pledge and Security Agreement (Carrier1 International S A), Collateral Pledge and Security Agreement (Carrier1 International S A)
Amendments, Waivers and Consents. No amendment or waiver of any provision of this Agreement, and no consent to any departure by any Pledgor herefrom, shall in any event be effective unless the same shall be in writing and signed by the Trustee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or a Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, Indenture and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Security and Pledge Agreement (Shop at Home Inc /Tn/)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trustee, specific instance and for the Collateral Agent, specific purpose for which given. Neither the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of 15 15 any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (Allegiance Telecom Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or any party hereto from any provision of this Pledge Agreement shall be effective only if made in writing and signed by the Pledgor, the Collateral Agent and the Trustee and otherwise made or duly given in compliance with all of the terms and provisions of the Indenture, and none then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. None of the Pledgor, the Trustee, the Collateral Agent, the Pledgor, or any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Pledgor, the Trustee, the PledgorCollateral Agent, the Collateral Agent or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Pledgor, the Trustee, the PledgorCollateral Agent, the Collateral Agent or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Pledgor, the Trustee, the PledgorCollateral Agent, the Collateral Agent or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement by the parties hereto and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights G-1l and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Issuer from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of the Trustee, neither the Collateral Agent, Agent nor the Pledgor, or Trustee nor any Holder of any Secured Note shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof, except as set forth in such amendment or waiver. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder the Trustee to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Trustee or any Holder of a Secured Note of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Trustee or any such Holder would otherwise have on any future occasion. The rights right and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Senior Secured Note Security and Pledge Agreement (Pride International Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow and Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Escrow and Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Security Agent nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Security Agent or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Security Agent or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Security Agent or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if in writing, signed by the Trustee and made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trustee, specific instance and for the Collateral Agent, specific purpose for which given. Neither the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (KMC Telecom Holdings Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or any Sponsor Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture necessary for amendments or waivers of, or consents to any departure by such Sponsor Pledgor from any provision of the Indenture, as applicable, and none of the Trustee, neither the Collateral Agent, the Pledgor, or Trustee nor any Holder of Bonds shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Trustee or any Holder of Bonds to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Trustee or any Holder of Bonds of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder of Bonds would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Transaction Parties from any provision of this Pledge Escrow Agreement shall be effective only if made or duly given in compliance with all the written consent of the terms Escrow Agent, the Trustee and provisions each of the IndentureTransaction Parties; provided, however, that any amendment or waiver of any provision of the Escrow Agreement and none any consent to any departure by any of the Transaction Parties from any provision of this Escrow Agreement that would reduce the amount distributable to the Initial Purchasers upon release of the Escrowed Funds pursuant to Section 4(a) and 4(b) hereof shall be effective only if made or duly given with the written consent of the Representative. None of the Escrow Agent, the Trustee, the Collateral Agent, the Pledgor, Representative or any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default any obligation or in any breach of any of the terms and conditions hereof. Failure of the Escrow Agent, the Trustee, the Pledgor, the Collateral Agent Representative or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Escrow Agent, the Trustee, the Pledgor, the Collateral Agent Representative or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Escrow Agent, the Trustee, the Pledgor, the Collateral Agent Representative or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Company from any provision of this Pledge Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, Senior Note Indenture and none of the Trustee, Convertible Note Indenture and neither the Collateral Agent, Agent nor the Pledgor, Senior Note Trustee or any Holder of any Senior Note or the Convertible Note Trustee or any Holder of Convertible Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder the Trustees to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Senior Note Trustee or any Holder of any Senior Note or the Convertible Note Trustee or any Holder of any Convertible Note of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.the
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Company from any provision of this Pledge Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, Senior Note Indenture and none of the Trustee, Convertible Note Indenture and neither the Collateral Agent, Agent or the Pledgor, Senior Note Trustee nor any Holder of any Senior Note or the Convertible Note Trustee or any Holder of a Convertible Note shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder the Trustees to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Senior Note Trustee or any Holder of a Senior Note or the Convertible Note Trustee or any Holder of a Convertible Note of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeCollateral Agent, the Pledgor, the Collateral Agent either Trustee or any such Holder would otherwise have on any future occasion. The rights right and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Company Senior Note Security and Pledge Agreement (PLD Telekom Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Company from any provision of this Pledge Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, Senior Note Indenture and none of the Trustee, Convertible Note Indenture and neither the Collateral Agent, Agent nor the Pledgor, Senior Note Trustee or any Holder of any Senior Note or the Convertible Note Trustee or any Holder of Convertible Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder the Trustees to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Senior Note Trustee or any Holder of any Senior Note or the Convertible Note Trustee or any Holder of any Convertible Note of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeCollateral Agent, the Pledgor, the Collateral Agent such Trustee or any such Holder would otherwise have on any future occasion. The rights right and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all None of the terms and or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except in accordance with Article 9 of the Indenture, Indenture and none pursuant to a written instrument executed by all the parties hereto. None of the Trustee, the Collateral Escrow Agent, the PledgorSecurities Intermediary, the Collateral Agent or any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the PledgorEscrow Agent, the Securities Intermediary, the Collateral Agent or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the PledgorEscrow Agent, the Collateral Agent Agent, the Securities Intermediary or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the PledgorEscrow Agent, the Securities Intermediary, the Collateral Agent or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Indenture (Verasun Energy Corp)
Amendments, Waivers and Consents. The Company and the -------------------------------- Trustee may amend or agree to waive any of the provisions of this Note Pledge Agreement; provided however, that without the consent of the Required Holders, no such amendment or waiver shall be made which adversely affects the interests of the Holders of the Notes in any material respect. Any amendment or waiver of any provision of this Note Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Note Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of this Section 15.7 and neither the Indenture, and none of the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (Trans World Airlines Inc /New/)
Amendments, Waivers and Consents. Any amendment or waiver of -------------------------------- any provision of this Pledge and Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge and Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Consistent with the foregoing, this Pledge and Security Agreement may be amended, its provisions may be waived and departures from its provisions may be consented to by action of the Pledgor and the Trustee and (if applicable) the Holders of the Notes, all as provided in the Indenture, and no such amendment, waiver or consent shall require any action or approval of the Placement Agents. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of 15 15 neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default (as defined herein) or in any breach of any of the terms and conditions hereof. Consistent with the foregoing, this Pledge Agreement may be amended, its provisions may be waived and departures from its provisions may be consented to by action of the Pledgor and the Trustee, and (if applicable) the Holders of the Notes, as provided in the Indenture, and no such amendment, waiver or consent shall require any action or approval by the Initial Purchasers. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none necessary for amendments or waivers of, or consents to any departure by the Pledgor from any provision of the TrusteeIndenture, as applicable, and neither the Collateral Agent, the Pledgor, or Agent nor any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of Securities of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder of Securities would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Indenture (Gothic Energy Corp)
Amendments, Waivers and Consents. Any -------------------------------- amendment or waiver of any provision of this Pledge Escrow Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Issuer from any provision of this Pledge Escrow Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the IndentureLLC Agreement, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Escrow Agent nor any Holder of Preferred Securities shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Escrow Agent or any Holder of Preferred Securities to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Escrow Agent or any Holder of Preferred Securities of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Escrow Agent or such Holder of Preferred Securities would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement by the parties hereto and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (RSL Communications PLC)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge and Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge and Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Consistent with the foregoing, this Pledge and Security Agreement may be amended, its provisions may be waived and departures from its provisions may be consented to by action of the Pledgor and the Trustee and (if applicable) the Holders of the Notes, all as provided in the Indenture, and no such amendment, waiver or consent shall require any action or approval of the Placement Agents. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee Pledgor or the Collateral Agent or from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the IndentureDebentures, and none of the Trustee, the Collateral Agent, the Pledgor, or any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the TrusteeCollateral Agent, the Pledgor, the Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeCollateral Agent, the Pledgor, the Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (PetroHunter Energy Corp)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent any party hereto or from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of the Trustee, the Collateral Agent, the Pledgor, or any Holder no party hereto shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or by any Holder party hereto to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder party hereto of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder party would otherwise have on any future occasion. The Collateral Agent and the Trustee may refuse to sign any amendment hereof authorized or permitted pursuant to Article 13 of the Indenture if such amendment adversely affects their rights, duties, liabilities or immunities. In signing or refusing to sign such amendment, the Collateral Agent and the Trustee shall be entitled to receive and, subject to Section 10 and 17.12, shall be fully protected in relying upon, an opinion of counsel stating that such amendment is authorized or permitted by the Indenture. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (Wynn Resorts LTD)
Amendments, Waivers and Consents. Any amendment or waiver -------------------------------- of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of the Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Pledge and Escrow Agreement (American Cellular Corp /De/)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee Pledgor or the Collateral Escrow Agent or from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the IndentureLoan Agreement and, in addition, with the written consent of the Escrow Agent, the Administrative Agent and the Collateral Agent, and none of the TrusteeEscrow Agent, the Administrative Agent, the Collateral Agent, the Pledgor, Agent or any Holder other Secured Party shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the TrusteeEscrow Agent, the PledgorAdministrative Agent, the Collateral Agent or any Holder other Secured Party to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the TrusteeEscrow Agent, the PledgorAdministrative Agent, the Collateral Agent or any Holder other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeEscrow Agent, the PledgorAdministrative Agent, the Collateral Agent or such Holder any other Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Security and Disbursement Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Security and Disbursement Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Security Agent nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Security Agent or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude preclude. any other or further exercise thereof or the exercise of any other rightfight, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Security Agent or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Security Agent or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Security and Disbursement Agreement (CSS Trade Names Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or any Pledgor from any provision of this any Pledge Agreement Document shall be effective only if made or duly given in compliance with all of the terms and provisions of the IndentureIndentures, and none of the Trustee, the Collateral Agent, the Pledgor, or any Holder Agent shall not be deemed, by any act, delay, indulgence, omission or otherwiseotherwise (other than as expressly set forth in a writing signed by the Collateral Agent), to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all None of the terms and or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except in accordance with Article IX of the Indenture, Indenture and none pursuant to a written instrument executed by all the parties hereto. None of the Trustee, the Collateral Escrow Agent, the PledgorSecurities Intermediary, the Collateral Agent or any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the PledgorEscrow Agent, the Securities Intermediary, the Collateral Agent or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the PledgorEscrow Agent, the Collateral Agent Agent, the Securities Intermediary or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the PledgorEscrow Agent, the Securities Intermediary, the Collateral Agent or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Security and Escrow Agreement (Aventine Renewable Energy Holdings Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Senior Notes or Discount Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Senior Notes or Discount Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of the Senior Notes or the Discount Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Senior Notes or Discount Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Pledge and Escrow Agreement (Rhythms Net Connections Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Company from any provision of this Pledge Escrow Agreement shall be effective only if made or duly given in compliance with all the written consent of the terms Escrow Agent, the Trustee and the Company; provided, however, that no provisions of the Indenture, and none Escrow Agreement may be amended or waived in any manner materially adverse to the Holders of either series of the Trustee, Notes without the Collateral written consent of the Holders of a majority in principal amount of the Notes of such series outstanding. None of the Escrow Agent, the Pledgor, Trustee or any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default any obligation or in any breach of any of the terms and conditions hereof. Failure of the TrusteeEscrow Agent, the Pledgor, the Collateral Agent Trustee or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the TrusteeEscrow Agent, the Pledgor, the Collateral Agent Trustee or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeEscrow Agent, the Pledgor, the Collateral Agent Trustee or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Grantor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trustee, specific instance and for the Collateral Agent, specific purpose for which given. Neither the Pledgor, or Indenture Trustee nor any Holder of Securities shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Indenture Trustee or any Holder of Securities to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Indenture Trustee or any Holder of Securities of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Indenture Trustee or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (MGC Communications Inc)
Amendments, Waivers and Consents. Any amendment or -------------------------------- waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture necessary for amendments or waivers of, or consents to any departure by the Pledgor from any provision of the Indenture, as applicable, and none of the Trustee, neither the Collateral Agent, the Pledgor, or Agent nor any Holder of Senior Secured Discount Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder of Senior Secured Discount Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of Senior Secured Discount Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder of Senior Secured Discount Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Company from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture necessary for amendments or waivers of, or consents to any departure by the Company from any provision of the Indenture, as applicable, and none of the Trustee, neither the Collateral Agent, Agent or the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Pledge and Security Agreement (Hyperion Telecommunications Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Company from any provision of this Pledge Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, Convertible Note Indenture and none of the Trustee, Senior Note Indenture and neither the Collateral Agent, Agent or the Pledgor, Convertible Note Trustee nor any Holder of any Convertible Note or the Senior Note Trustee or any Holder of any Senior Note shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder the Trustees to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Convertible Note Trustee or any Holder of any Convertible Note or the Senior Note Trustee or any Holder of any Senior Note of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeCollateral Agent, the Pledgor, the Collateral Agent either Trustee or any such Holder would otherwise have on any future occasion. The rights right and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Company Convertible Note Security and Pledge Agreement (PLD Telekom Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow and Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Escrow and Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of the Trustee, neither the Collateral Agent, the Pledgor, or Agent nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Securities shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default (as defined herein) or in any breach of any of the terms and conditions hereof. Consistent with the foregoing, this Security Agreement may be amended, its provisions may be waived and departures from its provisions may be consented to by action of the Pledgor and the Trustee, and (if applicable) the Holders of the Securities, as provided in the Indenture, and no such amendment, waiver or consent shall require any action or approval by the Initial Purchasers. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Securities to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Securities of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Securities would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of the Trustee, the Collateral Agent, the Pledgor, or any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (Veeco Instruments Inc)
Amendments, Waivers and Consents. Any amendment or waiver -------------------------------- of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow and Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Escrow and Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the IndentureTerm Loan Agreement and, in addition, with the written consent of the Escrow Agent and Administrative Agent, provided, however, that any amendment to, or waiver of, Sections 7(a), 7(b) or 13.16 hereof shall require the prior written consent of the Administrative Agent, and none of the Trustee, the Collateral Escrow Agent, the Pledgor, Administrative Agent or any Holder Lender shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the TrusteeEscrow Agent, the Pledgor, the Collateral Administrative Agent or any Holder Lender to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the TrusteeEscrow Agent, the Pledgor, the Collateral Administrative Agent or any Holder Lender of any right or remedy hereunder as set forth above on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeEscrow Agent, the Pledgor, the Collateral Administrative Agent or such Holder Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none necessary for amendments or waivers of, or consents to any departure by the Pledgor from any provision of the TrusteeIndenture, as applicable, and neither the Collateral Agent, the Pledgor, or Agent nor any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Pledge Agreement (United International Holdings Inc)
Amendments, Waivers and Consents. Any amendment The Pledgor and the -------------------------------- Collateral Agent may amend or waiver supplement this Agreement without the consent of the Majority Noteholders:
(a) to cure any ambiguity, defect or inconsistency; and
(b) to make any change that would provide any additional rights or benefits to the Senior Noteholders and Convertible Noteholders or that does not adversely effect the legal rights hereunder of any provision of this Pledge Agreement and any consent to any departure by the PledgorSenior Noteholder or Convertible Noteholder. Except as provided above, the Trustee or Pledgor and the Collateral Agent may amend or from any provision of supplement this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of the Trustee, the Collateral Agent, Agent has been directed in writing to do so by the Pledgor, Majority Noteholders and neither the Collateral Agent nor any Senior Noteholder or any Holder Convertible Noteholder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the TrusteeCollateral Agent, the Pledgor, the Collateral Agent any Senior Noteholder or any Holder Convertible Noteholder to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent any Senior Noteholder or any Holder Convertible Noteholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeCollateral Agent, the Pledgorsuch Senior Noteholder, the Collateral Agent or such Holder Convertible Noteholder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Pledge Agreement (Centennial Communications Corp)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Issuer from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, Indenture and none of the Trustee, neither the Collateral Agent, Agent nor the Pledgor, or Trustee nor any Holder of any Secured Note shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder the Trustee to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Trustee or any Holder of a Secured Note of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Trustee or any such Holder would otherwise have on any future occasion. The rights right and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Senior Secured Note Security and Pledge Agreement (R&b Falcon Corp)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Company from any provision of this Pledge Escrow Agreement shall be effective only if made or duly given in compliance with all the written consent of the terms Escrow Agent, the Trustee and the Company; provided, however, that no provisions of the IndentureEscrow Agreement may be amended or waived in any manner materially adverse to the Holders of either series of the Notes without the written consent of the Holders of a majority in principal amount of the Notes of such series outstanding. None of the Escrow Agent, and none of the Trustee, the Collateral Agent, the Pledgor, Representative or any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default any obligation or in any breach of any of the terms and conditions hereof. Failure of the Escrow Agent, the Trustee, the Pledgor, the Collateral Agent Representative or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Escrow Agent, the Trustee, the Pledgor, the Collateral Agent Representative or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Escrow Agent, the Trustee, the Pledgor, the Collateral Agent Representative or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Grantor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, Guaranty Agreement and none of the Trustee, neither the Collateral Agent, the Pledgor, or Agent nor any Holder Purchaser shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder Purchaser of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder Purchaser would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. No amendment or waiver of any provision of this Agreement, and no consent to any departure by Pledgor herefrom, shall in any event be effective unless the same shall be in writing and signed by the Trustee, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, Indenture and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not operate as 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. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Security and Pledge Agreement (North American Vaccine Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow and Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Escrow and Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the IndentureTerm Loan Agreement and, in addition, with the written consent of the Escrow Agent and Administrative Agent, provided, however, that any amendment to, or waiver of, Sections 7(a), 7(b), 7(c), 7(d) or 13.16 hereof shall require the prior written consent of the Administrative Agent, and none of the Trustee, the Collateral Escrow Agent, the Pledgor, Administrative Agent or any Holder Lender shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the TrusteeEscrow Agent, the Pledgor, the Collateral Administrative Agent or any Holder Lender to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the TrusteeEscrow Agent, the Pledgor, the Collateral Administrative Agent or any Holder Lender of any right or remedy hereunder as set forth above on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeEscrow Agent, the Pledgor, the Collateral Administrative Agent or such Holder Lender would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Company from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trustee, specific instance and for the Collateral Agent, specific purpose for which given. Neither the Pledgor, or Trustee nor any Holder of Senior Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Senior Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Senior Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Senior Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or any Company & Partner Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture necessary for amendments or waivers of, or consents to any departure by such Company & Partner Pledgor from any provision of the Indenture, as applicable, and none of the Trustee, neither the Collateral Agent, the Pledgor, or Trustee nor any Holder of Bonds shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Trustee or any Holder of Bonds to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Trustee or any Holder of Bonds of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Trustee or such Holder of Bonds would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Leasing Company from any provision of this Pledge Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, Senior Note Indenture and none of the Trustee, Convertible Note Indenture and neither the Collateral Agent, Agent or the Pledgor, Senior Note Trustee nor any Holder of any Senior Note or the Convertible Note Trustee or any Holder of any Convertible Note shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder the Trustees to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the TrusteeCollateral Agent, the Pledgor, the Collateral Agent Senior Note Trustee or any Holder of any right Senior Note or remedy hereunder on the Convertible Note Trustee or any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.Holder
Appears in 1 contract
Samples: Leasing Company Security and Pledge Agreement (PLD Capital Asset Us Inc)
Amendments, Waivers and Consents. {TC} Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Company from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trustee, specific instance and for the Collateral Agent, specific purpose for which given. Neither the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Issuers from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Consistent with the foregoing, this Agreement may be amended, its provisions may be waived and departures from its provisions may be consented to by action of the Issuers, IWL and the Trustee and (if applicable) the Holders of the Notes, all as provided in the Indenture. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Escrow and Security Agreement (Caprock Communications Corp)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the CCI Pledge Agreement and the CCI Indenture, and none of CCI, the Trustee, the Collateral Agent, the Pledgor, or any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of CCI, the Trustee, the Pledgor, the Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by CCI, the Trustee, the Pledgor, the Collateral Agent or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that CCI, the Trustee, the Pledgor, the Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (Charter Communications Inc /Mo/)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Security Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Security Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default (as defined herein) or in any breach of any of the terms and conditions hereof. Consistent with the foregoing, this Security Agreement may be amended, its provisions may be waived and departures from its provisions may be consented to by action of the Pledgor and the Trustee, and (if applicable) the Holders of the Notes, as provided in the Indenture, and no such amendment, waiver or consent shall require any action or approval by the Initial Purchasers. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture necessary for amendments or waivers of, or consents to any departure by the Pledgor from any provision of the Indenture, and none as applicable; provided, however, that no amendment or waiver of any provision of this Agreement may adversely affect the rights of the Trustee, Price Note Collateral Agent hereunder or under the Acknowledgment of Debentures Collateral Agent included within any Debentures Collateral Identification Certificate delivered pursuant to this Agreement without the prior written consent of the Price Note Collateral Agent, . Neither the Pledgor, or Debentures Collateral Agent nor any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Debentures Collateral Agent or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Debentures Collateral Agent or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Debentures Collateral Agent or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Indenture (Excel Legacy Corp)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Grantor from any provision of this Pledge Agreement shall be effective only if in writing, signed by the Trustee and the Grantor, and made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trustee, specific instance and for the Collateral Agent, specific purpose for which given. Neither the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of the Trustee, neither the Collateral Agent, the Pledgor, or Agent nor any Holder of Senior Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent or any Holder of Senior Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not 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. A waiver by the Trustee, the Pledgor, the Collateral Agent or any Holder of Senior Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent or such Holder of Senior Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Collateral Pledge and Security Agreement (Advanced Radio Telecom Corp)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Issuers from any provision of this Pledge Escrow Agreement shall be effective only if made or duly given in compliance with all the written consent of the terms and provisions of the Indenture, and none of the Trustee, the Collateral Escrow Agent, the PledgorTrustee and the Issuers; provided that the consent of the Issuers shall not be required to cure any ambiguity, defect or any Holder inconsistency in this Escrow Agreement (including the Exhibits attached hereto). None of the parties hereto shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default or Event of Default any obligation or in any breach of any of the terms and conditions hereof. Failure of any of the Trustee, the Pledgor, the Collateral Agent parties hereto or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any of the Trustee, the Pledgor, the Collateral Agent parties hereto or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent such party or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the IndentureIndentures, and none of neither the Trustee, the Collateral Agent, the Pledgor, or Trustee nor any Holder shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default (as defined herein) or in any breach of any of the terms and conditions hereof. Consistent with the foregoing, this Agreement may be amended, its provisions may be waived and departures from its provisions may be consented to by action of the Pledgor and the Trustee, and (if applicable) the Holders, as provided in the Indentures, and no such amendment, waiver or consent shall require any action or approval by the Initial Purchasers. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
Samples: Pledge Agreement (Earthwatch Inc)
Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Pledge Escrow Agreement and any consent to any departure by the Pledgor, the Trustee or the Collateral Agent or Pledgor from any provision of this Pledge Escrow Agreement shall be effective only if made or duly given in compliance with all of the terms and provisions of the Indenture, and none of then such waiver or consent shall be effective only in the Trustee, specific instance and for the Collateral Agent, specific purpose for which given. Neither the Pledgor, or Trustee nor any Holder of Notes shall be deemed, by any act, delay, indulgence, omission or otherwise, to have waived any right or remedy hereunder or to have acquiesced in any default Default or Event of Default or in any breach of any of the terms and conditions hereof. Failure of the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes to exercise, or delay in exercising, any right, power or privilege hereunder shall not preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Trustee, the Pledgor, the Collateral Agent Trustee or any Holder of Notes of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Trustee, the Pledgor, the Collateral Agent Trustee or such Holder of Notes would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any rights or remedies provided by law.
Appears in 1 contract
