Binding Waiver Sample Clauses

Binding Waiver. Except as otherwise provided in this Section 11.5, no amendment, waiver, discharge or termination of any provision of a Loan Document and no waiver of any breach of any provision of a Loan Document: (a) shall be binding upon the Borrower unless it is evidenced by an instrument in writing signed by the Borrower; nor (b) be binding upon the Lenders unless it is approved in writing by all the Lenders or the Required Lenders, as applicable. Notwithstanding the foregoing, any amendment, waiver, discharge or termination may be validly effected by execution by and all the Lenders or the Required Lenders, as applicable, of an instrument in writing without requiring the execution of that instrument by the Borrower, so long as the amendment, waiver, discharge or termination does not adversely affect the rights or obligations of the Borrower. The Lenders shall forward a copy of the written instrument to the Borrower as soon as practicable following the execution thereof.
Sample 1Sample 2
Binding Waiver. Except as otherwise provided in this Section 13.15, no amendment, waiver, discharge or termination of any provision of this Agreement or any other Document and no waiver of any breach of any provision of this Agreement or any other Document: (a) shall be binding upon the Borrowers unless it is evidenced by an instrument in writing signed by the Borrowers; nor (b) be binding upon the Administrative Agent and the Lenders unless it is approved in writing by the Administrative Agent and all the Credit Facility Lenders or the Majority Lenders, as applicable. Notwithstanding the foregoing, any waiver, discharge or termination may be validly effected by execution by the Administrative Agent on behalf of itself and all the Lenders or the Majority Lenders, as applicable, of an instrument in writing without requiring the execution of that instrument by the Borrowers, so long as the waiver, discharge or termination does not adversely affect the rights or obligations of the Borrowers. The Administrative Agent shall forward a copy of the written instrument to the Borrowers as soon as practicable following the execution thereof.
Sample 1Sample 2
Binding Waiver. Except as otherwise provided in this Section 14.1, no amendment, waiver, discharge or termination of any provision of this Agreement or any other Document, no waiver of any breach of any provision of this Agreement or any other Document, and no consent to any departure by a party from any provision of this Agreement, shall be: (a) binding upon any Credit Party unless it is evidenced by an instrument in writing signed by such Credit Party; or (b) binding upon the Administrative Agent and the Lenders unless it is approved in writing by the Administrative Agent and all Lenders or the Majority Lenders, as applicable. Notwithstanding the foregoing, any amendment, waiver, discharge or termination may be validly effected by execution by the Administrative Agent and all Lenders or the Majority Lenders, as applicable, of an instrument in writing without requiring the execution of that instrument by any Credit Party, so long as the amendment, waiver, discharge or termination does not adversely affect the rights or obligations of the Borrower. The Administrative Agent shall forward a copy of the written instrument to the Borrower as soon as practicable following the execution thereof. The amendment, waiver or consent will be effective only in the specific instance, for the specific purpose and for the specific length of time for which it is given.
Sample 1
Binding Waiver. Pursuant to clauses (a) and (e) of Section 10.5 of the Credit Agreement and paragraph 115 of the DIP Order, this Waiver is binding upon each Lender, including each Non-Voting Roll-Up Lender.
Sample 1

Related to Binding Waiver

  • Binding Agreement This Agreement shall be binding and inure to the benefit of the Parties hereto and their respective heirs, legal successors, and assigns.

  • Binding Nature This Agreement shall be binding upon, and inure to the benefit of, the successors and personal representatives of the respective parties hereto.

  • Binding Obligation Each Receivable shall constitute the genuine, legal, valid and binding payment obligation in writing of the related Obligor, enforceable by the holder thereof in accordance with its terms, except as enforceability may be subject to or limited by bankruptcy, insolvency, reorganization, moratorium, liquidation or other similar laws affecting the enforcement of creditors’ rights in general and by general principles of equity, regardless of whether such enforceability shall be considered in a proceeding in equity or at law.

  • Binding Obligations The obligations expressed to be assumed by it in each Finance Document are, subject to any general principles of law limiting its obligations which are specifically referred to in any legal opinion delivered pursuant to Clause 4 (Conditions of Utilisation), legal, valid, binding and enforceable obligations.

  • Binding Agreements This Agreement and the other Financing Documents executed and delivered by the Borrowers have been properly executed and delivered and constitute the valid and legally binding obligations of the Borrowers and are fully enforceable against each of the Borrowers in accordance with their respective terms, subject to bankruptcy, insolvency, reorganization, moratorium and other laws of general application affecting the rights and remedies of creditors and secured parties, and general principles of equity regardless of whether applied in a proceeding in equity or at law.

  • Binding Contract We understand that this Tender, together with your written acceptance thereof included in your Letter of Acceptance, shall constitute a binding contract between us, until a formal contract is prepared and executed;

  • Binding Provisions This Agreement is binding upon, and inures to the benefit of, the parties hereto and their respective heirs, executors, administrators, personal and legal representatives, successors, and permitted assigns.

  • Binding Decision The arbitrator shall hear and determine the grievance, and shall issue a decision which is final and binding on the Parties and any person affected by it.

  • Binding Nature of Agreement This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns.

  • Binding Agreement; Assignment This Agreement shall inure to the benefit of, be binding upon, and be enforceable by the Company and its successors and assigns. The Participant shall not assign (except in accordance with Section 6 hereof) any part of this Agreement without the prior express written consent of the Company.

Most Referenced Clauses

Most Referenced Definitions