An amendment or waiver Sample Clauses

An amendment or waiver. (which may be documented by a Reference Rate Supplement) that relates to, or has the effect of, aligning the means of calculation of interest on a Compounded Rate Loan under this Agreement to any recommendation of a Relevant Nominating Body which: i) relates to the use of the RFR on a compounded basis in the international or any relevant domestic syndicated loan markets; and ii) is issued on or after the date of this Agreement, may be made with the consent of the Lender and the Borrower.
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An amendment or waiver. (a) subject to paragraph (b) to (h) below, in respect of the Restructuring Terms may be made in writing by each of: (i) the Company; (ii) the Super Majority Consenting Creditors; and (iii) each of the Fronting Banks, save in relation to: (A) any agreements or other documents contemplated by the Equity Term Sheet; (B) the New Trading Co Bonds (save to the extent required to ensure that the terms of the New Trading Co Bonds are consistent with the Intercreditor Principles Term Sheet); (C) the New Trading Hold Co Bonds; and (D) any agreements or other documents in relation to the exchange solicitation with respect to the Existing Perpetual Capital Securities, in each case each acting reasonably; (b) in respect of the Restructuring Terms, the Restructuring Steps or the Restructuring Milestones which would result in substantially the same commercial and economic outcome for all Parties to that resulting from the implementation of the Restructuring Terms then in effect may be made in writing by the Company, the Fronting Banks and the Ad Hoc Group; (c) which would amend the definitions of “Agreed Form” or “Final Longstop Date” or Clauses 16.1 (Automatic Termination), 16.7 (Effect of Termination), 21 (Governing Law), 22 (Enforcement) or this Clause 19 shall not be made without the consent of each Party; (d) which would amend the definition of “Original Longstop Date” and “Longstop Date” may be made in writing by the Company, the Majority Consenting Creditors and each Bilateral Bank; (e) (Termination by an Individual Consenting Creditor) may be made in writing by the Company and each Consenting Creditor; (f) which would amend Clause 5.9 (Existing Trade Finance Provider Undertakings) may be made in writing by the Company and each Existing Trade Finance Provider; (g) which would amend Clause 5.10 (Fronting Bank Undertakings) may be made in writing by the Company and each Fronting Bank; or (h) which would disproportionally affect in an adverse manner or impose new or additional obligations on or withdraw or reduce the rights of: (i) the Existing 2018 Note Creditors considered collectively, the Existing 2020 Note Creditors considered collectively, the Existing 2022 Note Creditors considered collectively or the Existing RCF Creditors considered collectively when compared with the other Existing Senior Creditors generally, may only be made with the consent of each Consenting Creditor adversely affected thereby; and (ii) any Party may only be made with the consent of that...
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An amendment or waiver. (a) subject to paragraph (b) to (h) below, in respect of the Restructuring Terms may be made in writing by each of: (i) the Company; (ii) the Super Majority Consenting Creditors; and (iii) each of the Fronting Banks, save in relation to: (A) any agreements or other documents contemplated by the Equity Term Sheet; (B) the New Trading Co Bonds (save to the extent required to ensure that the terms of the New Trading Co Bonds are consistent with the Intercreditor Principles Term Sheet); (C) the New Trading Hold Co Bonds; and
Sample 1
An amendment or waiver. (a) subject to paragraph (b) to (h) below, in respect of the Restructuring Terms may be made in writing by each of: (i) the Company; (ii) the Super Majority Consenting Creditors; and (iii) each of the Fronting Banks, save in relation to: (A) any agreements or other documents contemplated by the Equity Term Sheet; (B) the New Trading Co Bonds (save to the extent required to ensure that the terms of the New Trading Co Bonds are consistent with the Intercreditor Principles Term Sheet); (C) the New Trading Hold Co Bonds; and (D) any agreements or other documents in relation to the exchange solicitation with respect to the Existing Perpetual Capital Securities, in each case each acting reasonably; (b) in respect of the Restructuring Terms, the Restructuring Steps or the Restructuring Milestones which would result in substantially the same commercial and economic outcome for all Parties to that resulting from the implementation of the Restructuring Terms then in effect may be made in writing by the Company, the Fronting Banks and the Ad Hoc Group;
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Related to An amendment or waiver

  • Amendment or Waiver Every right and remedy provided herein shall be cumulative with every other right and remedy, whether conferred herein, at law, or in equity, and may be enforced concurrently herewith, and no waiver by any party of the performance of any obligation by the other shall be construed as a waiver of the same or any other default then, theretofore, or thereafter occurring or existing. At any time prior to the Closing Date, this Agreement may be amended by a writing signed by all parties hereto, with respect to any of the terms contained herein, and any term or condition of this Agreement may be waived or the time for performance hereof may be extended by a writing signed by the party or parties for whose benefit the provision is intended.

  • Modification, Amendment, or Waiver This Agreement may only be modified, amended, or waived by mutual written agreement or in accordance with Section 7.03(e). No course of dealing between the Parties will modify, amend, or waive any provision of this Agreement or any rights or obligations of any Party under this Agreement.

  • Amendment or Waiver; etc (a) Neither this Agreement nor any other Credit Document nor any terms hereof or thereof may be changed, waived, discharged or termi- nated unless such change, waiver, discharge or termination is in writing signed by the respective Credit Parties party thereto and the Required Banks, provided that no such change, waiver, discharge or termination shall, without the consent of each Bank (other than a Defaulting Bank) (with Obligations being directly affected in the case of following clause (i)), (i) extend any Scheduled Repayment, extend the final scheduled maturity of any Loan or Note or extend the stated maturity of any Letter of Credit beyond the Revolving Loan Maturity Date, or reduce the rate or extend the time of payment of interest or Fees thereon, or reduce the principal amount thereof ), (ii) discharge any Subsidiary Guarantor, or release any portion of the Collateral having a book value in excess of $2,000,000 except as otherwise may be provided in this Agreement or in the Security Documents or except where the consent of the Required Lenders only is specifically provided for, (iii) amend, modify or waive any provision of this Section 12.12, (iv) reduce the percentage specified in the definition of Required Banks (it being understood that, with the consent of the Required Banks, additional extensions of credit pursuant to this Agreement may be included in the determination of the Required Banks on substantially the same basis as the extensions of Term Loans and Revolving Loan Commitments are included on the Effective Date) or (v) consent to the assignment or transfer by the Borrower of any of its rights and obligations under this Agreement; provided further, that no such change, waiver, discharge or termination shall (1) increase the Commitments of any Bank over the amount thereof then in effect without the consent of such Bank (it being understood that waivers or modifications of conditions precedent, covenants, Defaults or Events of Default or of a mandatory reduction in the Total Commitment shall not constitute an increase of the Commitment of any Bank, and that an increase in the available portion of any Commitment of any Bank shall not constitute an increase in the Commitment of such Bank), (2) without the consent of the Letter of Credit Issuer, amend, modify or waive any provision of Section 2 or alter its rights or obligations with respect to Letters of Credit, (3) without the consent of the Administrative Agent, amend, modify or waive any provision of Section 11 as same applies to the Administrative Agent or any other provision as same relates to the rights or obligations of the Administrative Agent, or (4) without the consent of the Collateral Agent, amend, modify or waive any provision relating to the rights or obligations of the Collateral Agent. (b) If, in connection with any proposed change, waiver, discharge or termination to any of the provisions of this Agreement as contemplated by clause (i) through (v), inclusive, of the first proviso to Section 12.12(a), the consent of the Required Banks is obtained but the consent of one or more of such other Banks whose consent is required is not obtained, then the Borrower shall have the right, so long as all non-consenting Banks whose individual consent is required are treated as described in either clause (A) or (B) below, to either (A) replace each such non-consenting Bank or Banks with one or more Replacement Banks pursuant to Section 1.13 so long as at the time of such replacement, each such Replacement Bank consents to the proposed change, waiver, discharge or termination or (B) terminate such non-consenting Bank's Commitments and repay in full its outstanding Loans, in accordance with Sections 3.02(b) and/or 4.01(b), provided that, unless the Commitments terminated and Loans repaid pursuant to preceding clause (B) are immediately replaced in full at such time through the addition of new Banks or the increase of the Commitments and/or outstanding Loans of existing Banks (who in each case must specifically consent thereto), then in the case of any action pursuant to preceding clause (B) the Required Banks (determined before giving effect to the proposed action) shall specifically consent thereto, provided further, that the Borrower shall not have the right to replace a Bank solely as a result of the exercise of such Bank's rights (and the withholding of any required consent by such Bank) pursuant to the second proviso to Section 12.12(a).

  • No Amendment or Waiver No provision of a Receivable has been waived, altered or modified in any respect, except pursuant to a document, instrument or writing included in the Receivable Files and no such amendment, waiver, alteration or modification causes such Receivable not to conform to the other warranties contained in this Section.

  • Effect of Amendment or Waiver Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.

  • Amendment, Supplement or Waiver Section 901.

  • NO CHANGE OTHER THAN AMENDMENT Except as amended herein, the Contract is unaffected and remains in full force and effect.

  • Assignment or Amendment This Agreement may not be amended, or the rights of OFI hereunder sold, transferred, pledged or otherwise in any manner encumbered without the affirmative vote or written consent of the holders of the "majority" of the outstanding voting securities of the Company. This Agreement shall automatically and immediately terminate in the event of its "assignment," as defined in the Investment Company Act.

  • Amendment or Modification; Waiver No provision of this Agreement may be amended or waived, unless such amendment or waiver is agreed to in writing, signed by the Executive and by a duly authorized officer of the Company. No waiver by any party hereto of any breach by another party hereto of any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of a similar or dissimilar condition or provision at the same time, any prior time or any subsequent time.

  • No Amendment Each such Receivable has not been amended or otherwise modified such that the number of originally scheduled due dates has been increased or such that the Amount Financed has been increased.

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