AUTHORISATION OR WAIVER OF BREACH Sample Clauses

AUTHORISATION OR WAIVER OF BREACH. The Security Trustee may, without the consent of the Sixth Issuer Secured Creditors and without prejudice to its right in respect of any further or other breach, from time to time and at any time, but only if and in so far as in its opinion acting reasonably the interests of the Sixth Issuer Secured Creditors will not be materially prejudiced thereby authorise or waive, on such terms and conditions (if any) as shall seem expedient to it, any proposed or actual breach of any of the covenants or provisions contained in or arising pursuant to any of the Transaction Documents. Any such authorisation or waiver shall be binding on the Sixth Issuer Secured Creditors and, unless the Security Trustee otherwise agrees, notice thereof shall be given by the Sixth Issuer Cash Manager to the Sixth Issuer Secured Creditors as soon as practicable thereafter.
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AUTHORISATION OR WAIVER OF BREACH. The Bond Trustee may, without the consent of the Secured Creditors and without prejudice to its right in respect of any further or other breach, from time to time and at any time, but only if and in so far as in its sole opinion the interests of any Covered Bondholders of any Series or the Covered Bond Swap Providers (provided that the relevant Swap Provider is not a member of the Scotiabank Group) will not be materially prejudiced thereby, authorise or waive, on such terms and conditions (if any) as will seem expedient to it, any proposed or actual breach of any of the covenants or provisions contained in this Agreement or any Transaction Document. Any such authorisation or waiver will be binding on the Secured Creditors and, unless the Bond Trustee otherwise agrees, notice thereof will be given by the Cash Manager to the Secured Creditors as soon as practicable thereafter.
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AUTHORISATION OR WAIVER OF BREACH. The Security Trustee may, without the consent of the Fifth Issuer Secured Creditors and without prejudice to its right in respect of any further or other breach, from time to time and at any time, but only if and in so far as in its opinion acting reasonably the interests of the Fifth Issuer Secured Creditors will not be materially prejudiced thereby authorise or waive, on such terms and conditions (if any) as shall seem expedient to it, any proposed or actual breach of any of the covenants or provisions contained in or arising pursuant to any of the Transaction Documents. Any such authorisation or waiver shall be binding on the Fifth Issuer Secured Creditors and, unless the Security Trustee otherwise agrees, notice thereof shall be given by the Fifth Issuer Cash Manager to the Fifth Issuer Secured Creditors as soon as practicable thereafter.
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AUTHORISATION OR WAIVER OF BREACH. Subject to the terms of the Master Intercompany Loan Agreement, the Security Trustee may, without the consent of the Funding 2 Secured Creditors, and without prejudice to its right in respect of any further or other breach, from time to time and at any time, (a) whilst any Loan Tranche remains outstanding under the Master Intercompany Loan Agreement, if it shall be directed to do so by the Master Issuer Security Trustee and (b) if there are no Loan Tranches outstanding under the Master Intercompany Loan Agreement, if and in so far as in its opinion the interests of the Funding 2 Secured Creditors will not be materially prejudiced thereby, authorise or waive, on such terms and conditions (if any) as shall seem expedient to it, any proposed or actual breach of any of the covenants or provisions contained in or arising pursuant to any of the Transaction Documents. Any such authorisation or waiver shall be binding on the Funding 2 Secured Creditors and, unless the Security Trustee otherwise agrees, notice thereof shall be given by Funding 2 to the Funding 2 Secured Creditors as soon as practicable thereafter.
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AUTHORISATION OR WAIVER OF BREACH. The Ninth Issuer Security Trustee may, without the consent of the Ninth Issuer Secured Creditors, without prejudice to its right in respect of any further or other breach, from time to time and at any time, but only if and in so far as (i) in its opinion acting reasonably the interests of the Ninth Issuer Noteholders will not be materially prejudiced thereby and (ii) in its opinion acting reasonably the interests of the Ninth Issuer Swap Providers will not be materially prejudiced thereby or, if it is not of that opinion in relation to the Ninth Issuer Swap Providers, the steps required pursuant to Clause 8 (Modification) have been taken and the Ninth Issuer Swap Providers have consented or have been deemed to have consented to such authorisation or waiver, authorise or waive, on such terms and conditions (if any) as shall seem expedient to it, any proposed or actual breach of any of the covenants or provisions contained in or arising pursuant to any of the Ninth Issuer Transaction Documents. Any such authorisation or waiver shall be binding on the Ninth Issuer Secured Creditors and, unless the Ninth Issuer Security Trustee otherwise agrees, notice thereof shall be given by the Ninth Issuer Cash Manager to the Ninth Issuer Secured Creditors as soon as practicable thereafter.
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AUTHORISATION OR WAIVER OF BREACH. Subject to Clause 14.10 (Acceleration) of the Intercompany Loan Terms and Conditions, the Security Trustee (at the direction of the Note Trustee) may, without the consent of the Funding Secured Creditors, without prejudice to its right in respect of any further or other breach, from time to time and at any time, but only if and in so far as in its opinion the interests of the Noteholders will not be materially prejudiced thereby authorise or waive, on such terms and conditions (if any) as shall seem expedient to it, any proposed or actual breach of any of the covenants or provisions contained in or arising pursuant to any of the Transaction Documents. Any such authorisation or waiver shall be binding on the Funding Secured Creditors and, unless the Security Trustee otherwise agrees, notice thereof shall be given by Funding to the Funding Secured Creditors as soon as practicable thereafter.
Sample 1
AUTHORISATION OR WAIVER OF BREACH. The Note Trustee and/or the Security Trustee (in the case of the Security Trustee, acting in accordance with the Deed of Charge), as applicable, may, without the consent or sanction of the Noteholders or the other Secured Creditors and without prejudice to its rights in respect of any further or other breach, from time to time and at any time, authorise or waive any proposed or actual breach of any of the covenants or provisions contained in or arising pursuant to the Conditions or any of the Transaction Documents by any party thereto, but only if in the opinion of the Note Trustee or, as the case may be, the Security Trustee, the interests of the Most Senior Class or if there are no Notes then outstanding, all the Secured Creditors will not be materially prejudiced thereby. The Note Trustee shall not exercise any powers conferred on it by this Condition 13.7 in contravention of any express direction given by Extraordinary Resolution of the holders of the Most Senior Class or, by a direction under Condition 11 (Events of Default) but so that no such direction or request shall affect any waiver, authorisation or determination previously given or made.
Sample 1
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AUTHORISATION OR WAIVER OF BREACH. The Note Trustee and/or Security Trustee, as applicable, may, without the consent or sanction of the Noteholders or the other Secured Creditors, without prejudice to its right in respect of any further or other breach, from time to time and at any time authorise or waive, on such terms and conditions (if any) as shall seem expedient to it, any proposed or actual breach of any of the covenants or provisions contained in or arising pursuant to the Conditions or any of the Transaction Documents by any party thereto, but only if in the opinion of the Note Trustee, or as the case may be, the Security Trustee, the interests of the Most Senior Class or if there are no Notes then outstanding, all the Secured Creditors will not be materially prejudiced thereby. Any such authorisation or waiver shall be binding on the Secured Creditors and, unless the Security Trustee otherwise agrees, notice thereof shall be given by the Issuer to the Secured Creditors and to the Rating Agencies in accordance with the Conditions and/or the terms of the Transaction Documents, as applicable, as soon as practicable thereafter.
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AUTHORISATION OR WAIVER OF BREACH. The Security Trustee may, without the consent of the Third Issuer Secured Creditors and without prejudice to its right in respect of any further or other breach, from time to time and at any time, but only if and in so far as in its opinion acting reasonably the interests of the Third Issuer Secured Creditors will not be materially prejudiced thereby authorise or waive, on such terms and conditions (if any) as shall seem expedient to it, any proposed or actual breach of any of the covenants or provisions contained in or arising pursuant to any of the Transaction Documents. Any such authorisation or waiver shall be binding on the Third Issuer Secured Creditors and, unless the Security Trustee otherwise agrees, notice thereof shall be given by the Third Issuer Cash Manager to the Third Issuer Secured Creditors as soon as practicable thereafter.
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Related to AUTHORISATION OR WAIVER OF BREACH

  • Waiver of Breach The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach thereof.

  • No Waiver of Breach The failure to enforce any provision of this Contract shall not be construed as a waiver of any such provision, nor prevent a Party thereafter from enforcing the provision or any other provision of this Contract. The rights granted the Parties are cumulative, and the election of one shall not constitute a waiver of such Party’s right to assert all other legal and equitable remedies available under the circumstances.

  • No Implied Waiver of Breach The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

  • Non-Waiver of Breach The waiver by any party hereto of the other party’s prompt and complete performance, or breach or violation, of any term or provision of this Agreement shall be effected solely in a writing signed by such party, and shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any party hereto to exercise any right or remedy which he or it may possess shall not operate nor be construed as the waiver of such right or remedy by such party, or as a bar to the exercise of such right or remedy by such party, upon the occurrence of any subsequent breach or violation.

  • Materiality and Waiver of Breach Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

  • No Waiver of Default Failure by a party to insist upon strict adherence to any term of the contract does not waive that party's right to later insist upon strict adherence to that term, or any other term, of the contract.

  • No Waiver of Immunity Neither College nor School District waiver or relinquish any immunity or defense on behalf of itself, its trustees, officers, employees, and agents as a result of the execution of this MOU and the performance of the covenants contained herein.

  • No waiver of our rights (a) No failure on our part to exercise and no delay on our part in exercising any right or remedy under this agreement will operate as a waiver of such right or remedy, nor will any single or partial exercise of any right or remedy preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy. (b) Any waiver by us of our rights or remedies in respect of any term of this agreement or any breach of this agreement on your part must be in writing and may be given subject to such terms and conditions as we may deem fit and is effective only in the instance and for the purpose for which it is given.

  • No Waiver of Defaults Except as expressly set out above, this Amendment does not constitute (i) a waiver of, or a consent to, (A) any provision of the Credit Agreement or any other Loan Document not expressly referred to in this Amendment, or (B) any present or future violation of, or default under, any provision of the Loan Documents, or (ii) a waiver of Lender’s right to insist upon future compliance with each term, covenant, condition and provision of the Loan Documents.

  • Waiver of Breach and Severability The waiver by either party of a breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party. In the event any provision of this Agreement is found to be invalid or unenforceable, it may be severed from the Agreement and the remaining provisions of the Agreement shall continue to be binding and effective.

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