Amendments, Waivers and Release of Collateral. Neither this Agreement, nor any of the Notes, nor any of the other Credit Documents, nor any terms hereof or thereof may be amended, supplemented, waived or modified, nor may a consent to any departure by any Borrower from the terms hereof or thereof be effective, except in accordance with the provisions of this Section, nor may any Collateral be released except as specifically provided herein or in the Security Documents or in accordance with the provisions of this Section 9.1. The Required Lenders may, or, with the written consent of the Required Lenders, the Administrative Agent may, from time to time, (a) enter into with the Borrowers written amendments, supplements or modifications hereto and to the other Credit Documents for the purpose of adding any provisions to this Agreement or the other Credit Documents or changing in any manner the rights of the Lenders or of the Borrowers hereunder or thereunder, (b) waive, on such terms and conditions as the Required Lenders may specify in such instrument, any of the requirements of this Agreement or the other Credit Documents or any Default or Event of Default and its consequences, or (c) consent to the departure by any Borrower from the terms of this Agreement or any other Credit Document; provided, however, that no such waiver, amendment, supplement, modification, release or consent shall:
Appears in 2 contracts
Samples: Credit Agreement (Si International Inc), Credit Agreement (Si International Inc)
Amendments, Waivers and Release of Collateral. Neither Subject to the terms of Section 9.12, neither this Agreement, nor any of the Notes, Agreement nor any of the other Credit Documents, nor any terms hereof or thereof may be amended, supplemented, waived or modified, nor may a extended, restated, replaced, or supplemented (by amendment, waiver, consent to any departure by any Borrower from the terms hereof or thereof be effective, otherwise) except in accordance with the provisions of this Section, Section nor may any Collateral be released except as specifically provided herein or in the Security Documents or in accordance with the provisions of this Section. Subject to the terms of Section 9.1. The 9.12, the Required Lenders may, may or, with the written consent of the Required Lenders, the Administrative Agent may, from time to time, (a) enter into with the Borrowers Borrower written amendments, supplements or modifications hereto and to the other Credit Documents (including any release of Collateral not already permitted by the terms of the Credit Documents) for the purpose of adding any provisions to this Agreement or the other Credit Documents or changing in any manner the rights of the Lenders or of the Borrowers Borrower hereunder or thereunder, thereunder or (b) waivewaive or consent to the departure from, on such terms and conditions as the Required Lenders may specify in such instrument, any of the requirements of this Agreement or the other Credit Documents or any Default or Event of Default and its consequences, or (c) consent to the departure by any Borrower from the terms of this Agreement or any other Credit Document; provided, however, that no such waiver, amendment, supplement, modification, release release, waiver or consent shall:
Appears in 2 contracts
Samples: Credit Agreement (Horizon Lines, Inc.), Horizon Lines, Inc.
Amendments, Waivers and Release of Collateral. (a) Neither this Agreement, nor any of the Notes, nor any of the other Credit Documents, nor any terms hereof or thereof may be amended, supplemented, waived or modified, nor may a modified (whether by consent to any departure by any Borrower from the terms hereof or thereof be effective, otherwise) except in accordance with the provisions of this Section, Section nor may any Collateral be released except as specifically provided herein or in the Security Documents or in accordance with the provisions of this Section 9.1. The Required Lenders may, or, with the written consent of the Required Lenders, the Administrative Agent may, from time to time, (a) enter into with the Borrowers Borrower written amendments, supplements or modifications (whether by consent or otherwise) hereto and to the other Credit Documents for the purpose of adding any provisions to this Agreement or the other Credit Documents or changing in any manner the rights of the Lenders or of the Borrowers Borrower hereunder or thereunder, thereunder or (b) waive, on such terms and conditions as the Required Lenders may specify in such instrument, any of the requirements obligations of the Credit Parties under this Agreement or the other Credit Documents or any Default or Event of Default and its consequences, or (c) consent to the departure by any Borrower from the terms of this Agreement or any other Credit Document; provided, however, that no such waiver and no such amendment, waiver, amendment, supplement, modification, modification or release or consent shall:
Appears in 1 contract
Samples: Credit Agreement (Vycom Corp.)
Amendments, Waivers and Release of Collateral. Neither this Note Purchase Agreement, nor any of the Notes, nor any of the other Credit Note Purchase Documents, nor any terms hereof or thereof may be amended, supplemented, waived or modified, nor may a consent to any departure by any Borrower from the terms hereof or thereof be effective, modified except in accordance with the provisions of this Section, Section nor may the Borrower or any Collateral Guarantor be released except as specifically provided herein or in the Security Documents or in accordance with the provisions of this Section 9.1. The Required Lenders Purchasers may, or, with the written consent of the Required LendersPurchasers, the Administrative Agent may, from time to time, (a) enter into with the Borrowers Borrower or any other Credit Party written amendments, supplements or modifications hereto and to the other Credit Note Purchase Documents for the purpose of adding any provisions to this Note Purchase Agreement or the other Credit Note Purchase Documents or changing in any manner the rights of the Lenders Purchasers or of the Borrowers Borrower or any other Credit Party hereunder or thereunder, thereunder or (b) waive, on such terms and conditions as the Required Lenders Purchasers may specify in such instrument, any of the requirements of this Note Purchase Agreement or the other Credit Note Purchase Documents or any Default or Event of Default and its consequences, or (c) consent to the departure by any Borrower from the terms of this Agreement or any other Credit Document; provided, however, that no such waiver and no such amendment, waiver, amendment, supplement, modification, modification or release or consent shall:
Appears in 1 contract
Samples: Note Purchase Agreement (Bravo Brio Restaurant Group, Inc.)
Amendments, Waivers and Release of Collateral. Neither this Agreement, nor any of the Notes, nor any of the other Credit Documents, nor any terms hereof or thereof may be amended, supplemented, waived or modified, nor may a consent to any departure by any Borrower from the terms hereof or thereof be effective, modified except in 99 accordance with the provisions of this Section, Section nor may any Collateral be released except as specifically provided herein or in the Security Documents or in accordance with the provisions of this Section 9.1. The Required Lenders may, or, with the written consent of the Required Lenders, the Administrative Agent may, from time to time, (a) enter into with the Borrowers Borrower written amendments, supplements or modifications hereto and to the other Credit Documents for the purpose of adding any provisions to this Agreement or the other Credit Documents or changing in any manner the rights of the Lenders or of the Borrowers Borrower hereunder or thereunder, thereunder or (b) waive, on such terms and conditions as the Required Lenders may specify in such instrument, any of the requirements of this Agreement or the other Credit Documents or any Default or Event of Default and its consequences, consequences or (c) consent to the departure by any Borrower from release Collateral in accordance with the terms hereof or of this Agreement any Security Document or any on such other Credit Documentterms and conditions as the Required Lenders may agree; providedPROVIDED, howeverHOWEVER, that no such waiver and no such amendment, waiver, amendment, supplement, modification, modification or release or consent shall:
Appears in 1 contract
Samples: Credit Agreement (Suiza Foods Corp)
Amendments, Waivers and Release of Collateral. Neither this Agreement, nor any of the Notes, Agreement nor any of the other Credit Documents, nor any terms hereof or thereof may be amended, supplemented, waived or modified, nor may a restated, amended and restated, extended, replaced, increased or supplemented (by amendment, waiver, consent to any departure by any Borrower from the terms hereof or thereof be effective, otherwise) except in accordance with the provisions of this Section, Section nor may any Collateral be released except as specifically provided herein or in the Security Documents or in accordance with the provisions of this Section 9.1Section. The Required Lenders may, may or, with the written consent of the Required Lenders, the Administrative Agent may, from time to time, (a) enter into with the Borrowers Borrower written amendments, supplements or modifications hereto and to the other Credit Documents for the purpose of adding any provisions to this Agreement or the other Credit Documents or changing in any manner the rights of the Lenders or of the Borrowers Borrower hereunder or thereunder, thereunder or (b) waivewaive or consent to the departure from, on such terms and conditions as the Required Lenders may specify in such instrument, any of the requirements of this Agreement or the other Credit Documents or any Default or Event of Default and its consequences, or (c) consent to the departure by any Borrower from the terms of this Agreement or any other Credit Document; provided, however, that no such waiver, amendment, supplement, modification, release release, waiver or consent shall:
Appears in 1 contract
Amendments, Waivers and Release of Collateral. 110 Neither this Agreement, nor any of the Notes, nor any of the other Credit Documents, nor any terms hereof or thereof may be amended, supplemented, waived or modified, nor may a consent to any departure by any Borrower from the terms hereof or thereof be effective, modified except in accordance with the provisions of this Section, Section nor may any Collateral be released except as specifically provided herein or in the Security Documents or in accordance with the provisions of this Section 9.1. The Required Lenders may, or, with the written consent of the Required Lenders, the Administrative Agent may, from time to time, (a) enter into with the Borrowers Borrower written amendments, supplements or modifications hereto and to the other Credit Documents for the purpose of adding any provisions to this Agreement or the other Credit Documents or changing in any manner the rights of the Lenders or of the Borrowers Borrower hereunder or thereunder, thereunder or (b) waive, on such terms and conditions as the Required Lenders may specify in such instrument, any of the requirements of this Agreement or the other Credit Documents or any Default or Event of Default and its consequences, consequences or (c) consent to the departure by any Borrower from release Collateral in accordance with the terms hereof or of this Agreement any Security Document or any on such other Credit Documentterms and conditions as the Required Lenders may agree; provided, however, that no such waiver and no such amendment, waiver, amendment, supplement, modification, modification or release or consent shall:
Appears in 1 contract
Samples: Credit Agreement (Dean Foods Co/)
Amendments, Waivers and Release of Collateral. Neither this Agreement, nor any of the Notes, Agreement nor any of the other Credit Documents, nor any terms hereof or thereof may be amended, supplemented, waived or modified, nor may a waived, extended, restated, replaced, or supplemented (by amendment, waiver, consent to any departure by any Borrower from the terms hereof or thereof be effective, otherwise) except in accordance with the provisions of this Section, Section nor may any Collateral be released except as specifically provided herein or in the Security Documents or in accordance with the provisions of this Section 9.1Section. The Required Lenders may, orwith the consent of each Affiliated Hedge Counterparty, or the Administrative Agent may, with the written consent of the Required Lenders, the Administrative Agent mayLenders and each Affiliated Hedge Counterparty, from time to time, (a) enter into with the Borrowers written amendments, supplements or modifications hereto and to the other Credit Documents for the purpose of adding any provisions to this Agreement or the other Credit Documents or changing in any manner the rights of the Lenders or of the Borrowers hereunder or thereunder, thereunder or (b) waivewaive or consent to the departure from, on such terms and conditions as the Required Lenders may specify in such instrument, any of the requirements of this Agreement or the other Credit Documents or any Default or Event of Default and its consequences, or (c) consent to the departure by any Borrower from the terms of this Agreement or any other Credit Document; provided, however, that no such waiver, amendment, supplement, modification, release release, waiver or consent shall:
Appears in 1 contract
Amendments, Waivers and Release of Collateral. Neither this Agreement, nor any of the Notes, nor any of the other Credit Documents, nor any terms hereof or thereof may be amended, supplemented, waived or modified, nor may a consent to any departure by any Borrower from the terms hereof or thereof be effective, modified except in accordance with the provisions of this Section, Section nor may any Collateral be released except as specifically provided herein or in the Security Documents or in accordance with the provisions of this Section 9.1. The Required Lenders may, or, with the written consent of the Required Lenders, the Administrative Agent may, from time to time, (a) enter into with the Borrowers Borrower written amendments, supplements or modifications hereto and to the other Credit Documents for the purpose of adding any provisions to this Agreement or the other Credit Documents or changing in any manner the rights of the Lenders or of the Borrowers Borrower hereunder or thereunder, thereunder or (b) waive, on such terms and conditions as the Required Lenders may specify in such instrument, any of the requirements of this Agreement or the other Credit Documents or any Default or Event of Default and its consequences, consequences or (c) consent to the departure by any Borrower from release collateral in accordance with the terms hereof or of this Agreement any Security Document or any on such other Credit Documentterms and conditions as the Required Lenders may agree; provided, however, that no such waiver and no such amendment, waiver, amendment, supplement, modification, modification or release or consent shall:
Appears in 1 contract
Amendments, Waivers and Release of Collateral. Neither this Agreement, nor any of the Notes, nor any of the other Credit Documents, nor any terms hereof or thereof may be amended, supplemented, waived or modified, nor may a consent to any departure by any Borrower from the terms hereof or thereof be effective, modified except in accordance with the provisions of this Section, nor may the Borrower, any Guarantor or any other obligor hereunder or any Collateral be released except as specifically provided herein or in the Security Documents or in accordance with the provisions of this Section 9.1. The Required Lenders may, or, with the written consent of the Required Lenders, the Administrative Agent and/or the Security Trustee may, from time to time, (a) enter into with the Borrowers Borrower or any other Consolidated Party written amendments, supplements or modifications hereto and to the other Credit Documents for the purpose of adding any provisions to this Agreement or the other Credit Documents or changing in any manner the rights of the Lenders or of the Borrowers Borrower or any other Consolidated Party hereunder or thereunder, thereunder or (b) waive, on such terms and conditions as the Required Lenders may specify in such instrument, any of the requirements of this Agreement or the other Credit Documents or any Default or Event of Default and its consequences, consequences or (c) consent to the departure by any Borrower from release collateral in accordance with the terms hereof or of this Agreement any Security Document or any on such other Credit Documentterms and conditions as the Required Lenders may agree; provided, however, that no such waiver and no such amendment, waiver, amendment, supplement, modification, modification or release or consent shall:
Appears in 1 contract
Samples: Credit Agreement (Right Management Consultants Inc)