AND WAIVER Sample Clauses

AND WAIVER. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by the Company and Indemnitee. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provisions of this Agreement nor shall any waiver constitute a continuing waiver.

AND WAIVER. This Amendment shall become effective as of the date (the “Amendment Effective Date”) on which each of the following conditions precedent shall have been fulfilled:

AND WAIVER. It is hereby agreed by you and us as follows:

AND WAIVER. The execution, delivery and effectiveness of this Amendment No. 4 and Waiver shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Lender or the Administrative Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents.

AND WAIVER. The Credit Agreement, the Notes and each of the other Loan Documents, as specifically amended by this Amendment No. 4 and Waiver, are and shall continue to be in full force and effect and are hereby in all respects ratified and confirmed. Without limiting the generality of the foregoing, the Collateral Documents and all of the Collateral described therein do and shall continue to secure the payment of all Obligations of the Loan Parties under the Loan Documents, in each case as amended by this Amendment No. 4

AND WAIVER. This AMENDMENT NO. 2 AND WAIVER, dated as of April 4, 2014 (this “Amendment”), among OCI BEAUMONT LLC, a Texas limited liability company (the “Borrower”), OCI USA INC., a Delaware corporation (“Holdings”), OCI PARTNERS LP, a Delaware limited partnership (the “MLP”), BANK OF AMERICA, N.A., as administrative agent for the Lenders and collateral agent for the Guaranteed Creditors (in such capacities, together with its successors, the “Administrative Agent”), each of the lenders that is a signatory hereto and BANK OF AMERICA, N.A., in its capacity as Lender with respect to the Additional Term B-3 Commitment (the “Additional Term B-3 Lender”), amends that certain Term Loan Credit Agreement dated as of August 20, 2013 (as amended by Amendment No. 1, dated as of November 27, 2013 and as further amended, supplemented or otherwise modified from time to time, the “Credit Agreement”), entered into among the Borrower, Holdings, the MLP, the institutions from time to time party thereto as Lenders (the “Lenders”), the Administrative Agent and the other agents and arrangers named therein. Capitalized terms used herein and not otherwise defined herein shall have the meanings ascribed to them in the Credit Agreement.

AND WAIVER. If the Depositor is not a US taxpayer when opening this account, the Depositor shall provide US tax declaration documents such as W-8BEN or W-8BEN- E considering the fact that Depositor is a natural person, juridical person, foreign government, or non-profit organization, and the Depositor undertakes to automatically notify the Bank within thirty(30) days after his/her status changes and to proceed by the above regulations.

AND WAIVER. All of the accrued fees and expenses of the Administrative Agent and the Lender Parties (including the accrued fees and expenses of counsel for the Administrative Agent) shall have been paid in full.

AND WAIVER. It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Existing benefits and working conditions which are not referenced in the Agreement and which are subject to the meet and confer process shall continue without change unless modified subject to the meet and confer process. The HACM assures the Union that unless changes are warranted by operational necessity it does not intend, nor does it anticipate, during the term of this Agreement any change, modification or cancellation of wages, hours, and working conditions which are subject to meet and confer and which are presently in effect or contained in this Agreement. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its right, and agrees that the other shall not be required, although they may mutually agree otherwise, to negotiate with respect to any subject or matter covered herein or with respect to any other matter within the scope of negotiations, during the term of this Agreement. Any agreement, alteration, understanding, variation, waiver, modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by ail parties hereto, and if required, approved and implemented by the HACM's Board of Commissioners. The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

AND WAIVER. The Credit Agreement, as specifically amended by this Amendment No. 6 and Waiver, is and shall continue to be in full force and effect and is hereby in all respects ratified and confirmed. The execution, delivery and effectiveness of this Amendment No. 6 and Waiver shall not, except as expressly provided herein, operate as a waiver of any right, power or remedy of any Bank or the Agent under any of the Loan Documents, nor constitute a waiver of any provision of any of the Loan Documents. If you agree to the terms and provisions hereof, please evidence such agreement by executing and telecopying one signature page to Susax XxXxxxxxx xx Citibank, N.A. (Telecopier No. (212) 000-0000) xxd returning at least three counterparts of this Amendment No. 6 and Waiver to Patixxxx Xxxxxxx xx Shearman & Sterling, 555 Xxxxxxxxxx Xxxxxx, Xxx Xxxxxxxxx, XX 00000 (Xxlecopier No. (415) 616-1199).