Common use of Authorized Waivers, Variations and Omissions Clause in Contracts

Authorized Waivers, Variations and Omissions. If so authorized in writing by the Lenders in accordance with the provisions of Section 18.14, the Agent, on behalf of the Lenders, may grant waivers, consents, vary the terms of this Agreement and the Security Documents and do or omit to do all acts and things in connection herewith or therewith. Notwithstanding the foregoing, except with the prior written agreement of (a) each of the Lenders with Commitments in the Facility or Facilities being amended (or in respect of which a waiver is requested, each such Lender an “Affected Lender”), nothing in Section 18.14 or this Section 18.15 shall authorize (i) any extension of the date for, or decrease in the amount of, any payment of principal, interest or other amounts, (ii) any extension of any maturity date not applicable to all Facilities, or (iii) the release, in whole or in part, of any of the Security Documents (other than the Guarantees) or the Security constituted thereby, except as provided herein with respect to permitted Asset Dispositions (in Section 13.3) or as contemplated in Sections 9.3 and 13.1, and (b) each of the Lenders, nothing in Section 18.14 or this Section 18.15 shall authorize (i) any change (other than an extension) of the date for, increase in the amount of, or change in the currency or mode of calculation or computation of any payment of principal, interest or other amount (including the amount of the Revolving Facility, the Unsecured Facility, any New Facility or the Finnvera Term Facility, except as provided in Sections 2.3 and 2.4), (ii) any extension of any maturity date applicable to all Facilities, (iii) any change in the terms of Article 18, (iv) any change in the manner of making decisions among the Lenders including the definition of Majority Lenders and Required Lenders-Acceleration, (v) the release of the Borrower or any Guarantor, except as provided herein with respect to permitted Asset Dispositions or as contemplated in Sections 9.3 and 13.1, (vi) any change in or any waiver of the conditions precedent provided for in Article 10 or (viii) any amendment to this Section 18.15.

Authorized Waivers, Variations and Omissions. If so authorized in writing by the Lenders in accordance with the provisions of Section 18.14Majority Lenders, the Agent, on behalf of the Lenders, Administrative Agent may grant waivers, consents, vary the terms of this Agreement and the Security Documents Agreement, and do or omit to do all such acts and things in connection herewith or therewith. Notwithstanding the foregoing, except Except with the prior written agreement of (a) each of all the Lenders with Commitments in the Facility or Facilities being amended (or in respect of which a waiver is requested, each such Lender an “Affected Lender”)Lenders, nothing in Section 18.14 or this Section 18.15 15.13 shall authorize (i) any extension of the date for, or decrease increase in the amount of, Total Commitment or subject the Lenders to any payment of principal, interest additional financial or other amountsmaterial obligations, (ii) any extension of any maturity date not applicable to all Facilities, or (iii) the release, in whole or in part, of any of the Security Documents (other than the Guarantees) or the Security constituted thereby, except as provided herein with respect to permitted Asset Dispositions (in Section 13.3) or as contemplated in Sections 9.3 and 13.1, and (b) each of the Lenders, nothing in Section 18.14 or this Section 18.15 shall authorize (i) any change (other than an extension) of the date for, increase in the amount of, or change in the currency or mode of calculation or computation of any payment of principal, interest or other amount (including the amount of the Revolving Facility, the Unsecured Facility, any New Facility or the Finnvera Term Facility, except as provided in Sections 2.3 and 2.4), (ii) any extension of any maturity date applicable to all FacilitiesLoan Maturity Date, (iii) any change in extension of the terms of Article 18Revolving Loan Commitment Termination Date, (iv) any change in the manner definition of making decisions among Majority Lenders, (v) any reduction in any of the interest rates or fees (other than agency fees payable to the Administrative Agent) provided for in this Agreement, (vi) postpone any date fixed for any payment of interest or fees or (vii) any amendments to any guarantees, security, if any, or Section 15.9 or this Section 15.13. Save as otherwise provided in Article 15 and in Section 16.1.2, all instructions, decisions, approvals, consents or actions referred to in this Agreement and required of the Lenders shall be made, taken or given by the Majority Lenders. No amendment, waiver or consent shall, unless in writing and signed by the applicable Agent in addition to the Lenders required herein to take such action, affect the rights or duties of such Agent under this Agreement. Notwithstanding anything in this Agreement to the contrary, (a) in the event Majority Lenders or all Lenders shall consent to any amendment, modification or waiver of any provision contained in Articles 2, 10, 11 or 12 (other than Sections 12.1.1, 12.1.2 and 12.1.11) of this Agreement, or the definitions in Article 1 as used in such Articles, including without limitation any waiver of compliance therewith as a condition to making any Advance or Bid Advance, such amendment, modification or waiver shall not be effective (notwithstanding approval thereof by Majority Lenders or all Lenders) with respect to either this Agreement or the US Credit Agreement unless such amendment, modification or waiver is effective with respect to both such agreements and any fees which are paid by the Borrower or any of its Subsidiaries to obtain consent to any such amendment, modification or waiver are paid on a ratable basis to Lenders and "Lenders" (as defined in the US Credit Agreement) who consent to such amendment, modification or waiver, and the Lenders hereunder hereby consent to any such amendment, modification or waiver in this Agreement and the US Credit Agreement as is necessary to give effect to this sentence, and (b) any change in the definition of Majority Lenders and Required Lenders-Acceleration, (v) the release of the Borrower or any Guarantor, except as provided herein with respect to permitted Asset Dispositions or as contemplated in Sections 9.3 and 13.1, (vi) any change in or any waiver of the conditions precedent provided for in Article 10 or (viii) any amendment to this Section 18.1515.13 shall require the prior written agreement of all Lenders and all "Lenders" as defined in the US Credit Agreement.

Authorized Waivers, Variations and Omissions. If so authorized in writing by the Lenders in accordance with the provisions of Section 18.14Majority Lenders, the Agent, on behalf of the Lenders, Administrative Agent may grant waivers, consents, vary the terms of this Agreement and the Security Documents Agreement, and do or omit to do all such acts and things in connection herewith or therewith. Notwithstanding the foregoing, except Except with the prior written agreement of (a) each of all the Lenders with Commitments in the Facility or Facilities being amended (or in respect of which a waiver is requested, each such Lender an “Affected Lender”)Lenders, nothing in Section 18.14 or this Section 18.15 15.13 shall authorize (i) any extension of the date for, or decrease increase in the amount of, Total Commitment or subject the Lenders to any payment of principal, interest additional financial or other amountsmaterial obligations, (ii) any extension of any maturity date not applicable to all Facilities, or (iii) the release, in whole or in part, of any of the Security Documents (other than the Guarantees) or the Security constituted thereby, except as provided herein with respect to permitted Asset Dispositions (in Section 13.3) or as contemplated in Sections 9.3 and 13.1, and (b) each of the Lenders, nothing in Section 18.14 or this Section 18.15 shall authorize (i) any change (other than an extension) of the date for, increase in the amount of, or change in the currency or mode of calculation or computation of any payment of principal, interest or other amount (including the amount of the Revolving Facility, the Unsecured Facility, any New Facility or the Finnvera Term Facility, except as provided in Sections 2.3 and 2.4), (ii) any extension of any maturity date applicable to all FacilitiesLoan Maturity Date, (iii) any change in extension of the terms of Article 18Revolving Loan Commitment Termination Date, (iv) any change in the manner definition of making decisions among Majority Lenders, (v) any reduction in any of the interest rates or fees (other than agency fees payable to the Administrative Agent) provided for in this Agreement, (vi) postpone any date fixed for any payment of interest or fees or (vii) any amendments to any guarantees, security, if any, or Section 15.9 or this Section 15.13. Save as otherwise provided in Article 15 and in Section 16.1.2, all instructions, decisions, approvals, consents or actions referred to in this Agreement and required of the Lenders shall be made, taken or given by the Majority Lenders. No amendment, waiver or consent shall, unless in writing and signed by the applicable Agent in addition to the Lenders required herein to take such action, affect the rights or duties of such Agent under this Agreement. Notwithstanding anything in this Agreement to the contrary, (a) in the event Majority Lenders or all Lenders shall consent to any amendment, modification or waiver of any provision contained in Articles 2, 10, 11 or 12 (other than Sections 12.1.1, 12.1.2 and 12.1.11) of this Agreement, or the definitions in Article 1 as used in such Articles, including without limitation any waiver of compliance therewith as a condition to making any Advance or Bid Advance, such amendment, modification or waiver shall not be effective (notwithstanding approval thereof by Majority Lenders or all Lenders) with respect to either this Agreement or the Canadian Credit Agreement unless such amendment, modification or waiver is effective with respect to both such agreements and any fees which are paid by the Company or any of its Subsidiaries to obtain consent to any such amendment, modification or waiver are paid on a ratable basis to Lenders and "Lenders" (as defined in the Canadian Credit Agreement) who consent to such amendment, modification or waiver, and the Lenders hereunder hereby consent to any such amendment, modification or waiver in this Agreement and the Canadian Credit Agreement as is necessary to give effect to this sentence, and (b) any change in the definition of Majority Lenders and Required Lenders-Acceleration, (v) the release of the Borrower or any Guarantor, except as provided herein with respect to permitted Asset Dispositions or as contemplated in Sections 9.3 and 13.1, (vi) any change in or any waiver of the conditions precedent provided for in Article 10 or (viii) any amendment to this Section 18.1515.13 shall require the prior written agreement of all Lenders and all "Lenders" as defined in the Canadian Credit Agreement.

Authorized Waivers, Variations and Omissions. If so authorized in writing by the Lenders in accordance with the provisions of Section 18.14, the Agent, on behalf of the Lenders, may grant waivers, consents, vary the terms of this Agreement and the Security Documents and do or omit to do all acts and things in connection herewith or therewith. Notwithstanding the foregoing, except with the prior written agreement of (a) each of the Lenders with Commitments in the Facility or Facilities being amended (or in respect of which a waiver is requested, each such Lender an “Affected Lender”), nothing in Section 18.14 or this Section 18.15 shall authorize (i) any extension of the date for, or decrease in the amount of, any payment of principal, interest or other amounts, amounts or (ii) any extension of any maturity date not applicable to all Facilities, or (iii) the release, in whole or in part, of any of the Security Documents (other than the Guarantees) or the Security constituted thereby, except as provided herein with respect to permitted Asset Dispositions (in Section 13.3) or as contemplated in Sections 9.3 and 13.1, and (b) each of the Lenders, nothing in Section 18.14 or this Section 18.15 shall authorize (i) any change (other than an extension) of the date for, increase in the amount of, or change in the currency or mode of calculation or computation of any payment of principal, interest or other amount (including the amount of the Revolving Facility, the Unsecured Facility, Finnvera Term Facility or any New Facility or the Finnvera Term Facility, except as provided in Sections 2.3 and 2.4Section 2.3), (ii) any extension of any maturity date applicable to all Facilities, (iii) any change in the terms of Article 18, (iv) any change in the manner of making decisions among the Lenders including the definition of Majority Lenders and Required Lenders-Acceleration, (v) the release of the Borrower or any Guarantor, except as provided herein with respect to permitted Asset Dispositions or as contemplated in Sections 9.3 and 13.1, (vi) the release, in whole or in part, of any of the Security Documents or the Security constituted thereby, except as provided herein with respect to permitted Asset Dispositions (in Section 13.3) or as contemplated in Sections 9.3 and 13.1, (vii) any change in or any waiver of the conditions precedent provided for in Article 10 or (viii) any amendment to this Section 18.15. Waivers of Events of Default not requiring the unanimous consent of the Lenders may be granted by the Majority Lenders or, for Events of Default requiring a waiver in the circumstances described in (a) above, the Affected Lenders (and not by the Required Lenders-Acceleration). In addition, no amendment to or waiver of (A) Section 4.2 shall be made without the consent of the Issuing Lenders, (B) Section 4.3 shall be made without the consent of the Swing Line Lender, and (C) the definition of “Defaulting Lender” without the consent of the Agent, the Finnvera Agent, the Issuing Lender and the Swing Line Lender.”

Authorized Waivers, Variations and Omissions. If so authorized in writing by the Lenders in accordance with the provisions of Section 18.14, the Agent, on behalf of the Lenders, may grant waivers, consents, vary the terms of this Agreement and the Security Documents and do or omit to do all acts and things in connection herewith or therewith. Notwithstanding the foregoing, except with the prior written agreement of (a) each of the Lenders with Commitments in the Facility or Facilities being amended (or in respect of which a waiver is requested, each such Lender an “Affected Lender”), nothing in Section 18.14 or this Section 18.15 shall authorize (i) any extension of the date for, or decrease in the amount of, any payment of principal, interest or other amounts, amounts or (ii) any extension of any maturity date not applicable to all both Facilities, or (iii) the release, in whole or in part, of any of the Security Documents (other than the Guarantees) or the Security constituted thereby, except as provided herein with respect to permitted Asset Dispositions (in Section 13.3) or as contemplated in Sections 9.3 and 13.1, and (b) each of the Lenders, nothing in Section 18.14 or this Section 18.15 shall authorize (i) any change (other than an extension) of the date for, increase in the amount of, or change in the currency or mode of calculation or computation of any payment of principal, interest or other amount (including the amount of the Revolving Facility, the Unsecured Facility, any New Facility or the Finnvera Term Facility, except as provided in Sections 2.3 and 2.4Section 2.3), (ii) any extension of any maturity date applicable to all both Facilities, (iiiiv) any change in the terms of Article 18, (ivv) any change in the manner of making decisions among the Lenders including the definition of Majority Lenders and Required Lenders-Acceleration, (vvi) the release of the Borrower or any Guarantor, except as provided herein with respect to permitted Asset Dispositions or as contemplated in Sections 9.3 and Section 13.1, (vivii) the release, in whole or in part, of any of the Security Documents or the Security constituted thereby, except as provided herein with respect to permitted Asset Dispositions (in Section 13.3) or as contemplated in Section 13.1, (viii) any change in or any waiver of the conditions precedent provided for in Article 10 or (viiiix) any amendment to this Section 18.15101.