Common use of CONSENTS, AMENDMENTS, WAIVERS, ETC Clause in Contracts

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly set forth in any particular provision of this Agreement or any of the other Loan Documents, any consent or approval required or permitted by this Agreement or any of the other Loan Documents to be given by the Banks may be given, and any term of this Agreement or any of the other Loan Documents or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Trust of any term of this Agreement or any of the other Loan Documents may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Trust and the Majority Banks, provided, however, that: (a) Without the written consent of such Banks as hold 100% of the aggregate principal amount of the Maximum Commitment, (i) no reduction in the principal amount of, interest rate on, or Facility Fee or any other fee relating to the Commitments or the Advances shall be made; (ii) no extension or postponement of the stated time of payment of the principal amount of, interest on, or Facility Fee or any other fee relating to, the Commitments or the Advances shall be made; (iii) no increase in the amount, or extension of the term, of the Commitment beyond those provided for hereunder shall be made; (iv) no change in the definitions of the terms "Majority Banks" or "Collateral" shall be made; (v) no release of any of the Collateral granted by the Trust pursuant to the Security Documents shall be made; and (vi) no change in the language of this 25 shall be made. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of any Bank in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Trust shall entitle the Trust to other or further notice or demand in similar or other circumstances.

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly set forth in any particular provision of this Agreement or any of the other Loan DocumentsAgreement, any consent or approval required or permitted by this Agreement or any of the other Loan Documents to be given by the Banks may be given, and any term of this Agreement or any of the other Loan Documents or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Trust Company of any term of this Agreement or any of the other Loan Documents may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Trust Company and the Majority Banks, provided, however, that: (a) Without the written consent of such Banks as hold 100% of the aggregate principal amount of the Maximum Commitment, (i) no reduction in the principal amount of, interest rate on, or Facility Fee or any other fee relating to the Commitments or the Advances shall be made; (ii) no extension or postponement of the stated time of payment of the principal amount of, interest on, or Facility Fee or any other fee relating to, to the Commitments or the Advances shall be made; (iii) no increase in the amount, or extension of the term, of the Commitment beyond those provided for hereunder shall be made; (iv) no change in the definitions definition of the terms term "Majority Banks" or "Collateral" shall be made; (v) no release of any of the Collateral granted by the Trust pursuant to the Security Documents shall be made; and (viv) no change in the language of this 25 24 shall be made. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of any Bank in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Trust Company shall entitle the Trust Company to other or further notice or demand in similar or other circumstances.

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly set forth in any particular provision of this Agreement or any of the other Loan Documents, any Any consent or approval required or permitted by this Agreement or any of the other Loan Documents to be given by the Banks may be given, and any term of this Agreement or any of the other Loan Documents or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Trust Borrower of any term terms of this Agreement or such other instrument or the continuance of any Default or Event of the other Loan Documents Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Trust and the Majority Requisite Banks, providedand, howeverin the case of amendments, that: (a) Without with the written consent of such Banks the Borrower other than amendments to schedules made in the ordinary course as hold 100% of contemplated by this Agreement. Notwithstanding the aggregate principal amount of the Maximum Commitmentforegoing, (i) no reduction in the principal rate of interest on and the term or amount ofof the Notes, interest rate on, or Facility Fee or any other fee relating to the Commitments or the Advances shall be made; (ii) no extension or postponement the amount of the stated time of payment Commitments of the principal amount ofBanks, interest on, or Facility Fee or any other fee relating to, the Commitments or the Advances shall be made; (iii) no increase in the amountamount of any fee payable to a Bank hereunder, or extension of the term, of the Commitment beyond those provided for hereunder shall be made; (iv) no change any provision herein or in the definitions any of the terms "Majority Loan Documents which expressly requires consent of all the Banks" or "Collateral" shall be made; , (v) no release the funding provisions of any of the Collateral granted by the Trust pursuant to the Security Documents shall be made; and 11.1 hereof, (vi) no change the rights, duties and obligations of the Agent specified in 14 hereof, and (vii) the language definition of this 25 shall Requisite Banks, may not be madeamended without the written consent of each Bank affected thereby, nor may the Agent release the Borrower or any Guarantor from its liability with respect to the Obligations, without first obtaining the written consent of all the Banks. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Agent or any Bank in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Trust Borrower shall entitle the Trust Borrower to other or further notice or demand in similar or other circumstances.

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly set forth in any particular provision of this Agreement or any of the other Loan Documents, any Any consent or approval required or permitted by this Credit Agreement or any of the other Loan Documents to be given by the Banks Lenders may be given, and any term of this Agreement or any of Credit Agreement, the other Loan Documents or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Trust Borrowers of any term terms of this Agreement or any of Credit Agreement, the other Loan Documents or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Trust Borrowers and the Majority Banks, provided, however, that: (a) Without the written consent of such Banks as hold 100% the Majority Lenders. Notwithstanding the foregoing, (a) no amendment, modification or waiver shall, without the written consent of each Lender affected thereby (i) decrease the rate of interest on the Term Loan Notes, (ii) extend the maturity of the aggregate principal Term Loan Notes, (iii) release all or substantially all of the Collateral, (iv) increase the amount of the Maximum Commitment, (i) no reduction in the principal amount of, interest rate on, or Facility Fee or any other fee relating to the Term Loan Commitments or the Advances shall be made; (ii) no extension or postponement of the stated time of payment of the principal amount of, interest on, or Facility Fee or any other fee relating to, the Commitments or the Advances shall be made; (iii) no increase in the amount, or extension of the term, of the Commitment beyond those provided for hereunder shall be made; (iv) no change in the definitions of the terms "Majority Banks" or "Collateral" shall be made; (v) no release of any of the Collateral granted by the Trust pursuant to the Security Documents shall be made; and (vi) no change in the language of this 25 shall be madesuch Lenders. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of any Bank Lender in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Trust Borrowers shall entitle the Trust Borrowers to other or further notice or demand in similar or other circumstances.

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly set forth in any particular provision of this Agreement or any of the other Loan Documents, any Any consent or approval required or permitted by this Agreement or any of the other Loan Documents to be given by the Banks may be given, and any term of this Agreement or any of Agreement, the other Loan Documents or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Trust of any term of this Agreement Borrower or any of its Subsidiaries of any terms of this Agreement, the other Loan Documents or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Trust Borrower and the Majority Banks, provided, however, that: (a) Without the written consent of such Banks as hold 100% the Majority Banks. Notwithstanding the foregoing, the rate of interest on and the term of the aggregate principal Revolving Credit Notes, the amount of the Maximum Commitment, (i) no reduction in the principal amount of, interest rate on, or Facility Fee or any other fee relating to the Commitments or the Advances shall be made; (ii) no extension or postponement of the stated time of payment Banks, and the amount of the principal amount of, interest on, or Facility Fee or any other fee relating to, fees hereunder may not be changed; the Commitments or definition of Majority Banks may not be amended without the Advances shall be made; (iii) no increase in the amount, or extension written consent of all of the term, Banks; and the amount of the Commitment beyond those provided Agent's fee payable for hereunder shall the Agent's account and ss.12 may not be made; (iv) no change in amended without the definitions written consent of the terms "Majority Banks" or "Collateral" shall be made; (v) no release of any of the Collateral granted by the Trust pursuant to the Security Documents shall be made; and (vi) no change in the language of this 25 shall be madeAgent. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Agent or any Bank in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Trust Borrower shall entitle the Trust Borrower to other or further notice or demand in similar or other circumstances.

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly set forth provided in any particular provision of this Agreement or any of the other Loan DocumentsCredit Agreement, any consent or approval required or permitted by this Credit Agreement or any of the other Loan Documents to be given by the Banks Lenders or the Agent may be given, and any term of this Credit Agreement or any of the other Loan Documents or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Trust Borrowers of any term terms of this Credit Agreement or such other instrument or the continuance of any Default or Event of the other Loan Documents Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Trust and the Majority Banks, provided, however, that: (a) Without the written consent of such Banks as hold 100% the Required Lenders. Notwithstanding the foregoing, no amendment or waiver shall, without the prior written consent of the aggregate principal amount Agent and all of the Maximum CommitmentLenders, (ia) no reduction in extend the fixed maturity or reduce the principal amount of, interest or reduce the rate on, or Facility Fee or any other fee relating to extend the Commitments or the Advances shall be made; (ii) no extension or postponement of the stated time of payment of the principal amount of, interest on, or Facility Fee reduce the amount or extend the time of payment of any other fee relating toprincipal or interest of, the Commitments or the Advances shall be madeany Note; (iiib) no increase change or waive the Total Commitment or Revolving Loan Commitment (other than reductions in the amount, Revolving Loan Commitments pursuant to ss.2.3) or extension of the term, of the Commitment beyond those provided for hereunder shall be madePercentage; (ivc) no change in amend or waive this ss.25 or amend or waive the definitions definition of the terms "Majority Banks" or "Collateral" shall be madeRequired Lenders; (vd) no release change or waive the amount or payment terms of fees due hereunder; or (e) amend or waive any of the Collateral granted by the Trust pursuant to the Security Documents shall be made; and ss.8 or ss.9.1(a), (vif) no change in the language of this 25 shall be madeor (g) or ss.11. No waiver shall extend to or affect any obligation not expressly waived or nor impair any right consequent thereon. No course of dealing or delay or omission on the part of any Bank the Lenders in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Trust Borrowers shall entitle the Trust Borrowers to other or further notice or demand in similar or other circumstances.

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly set forth provided in any particular provision of this Agreement or any of the other Loan DocumentsAgreement, any consent or approval required or permitted by this Agreement or any of the other Loan Documents to be given by the Banks may be given, and any term of this Agreement or any of the other Loan Documents or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Trust Borrower of any term terms of this Agreement or such other instrument or the continuance of any Default or Event of the other Loan Documents Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Trust and the Majority Banks. Notwithstanding the foregoing, provided, however, that: (a) Without none of the following may occur without the written consent of such Banks as hold 100% each Bank: a decrease in the rate of interest on the aggregate principal Notes; an increase in the amount of the Maximum Commitment, (i) no reduction in the principal amount of, interest rate on, or Facility Fee or any other fee relating to the Commitments or the Advances shall be made; (ii) no extension or postponement of the stated time of payment Banks; a forgiveness, reduction or waiver of the principal amount of, interest on, or Facility Fee of any unpaid Loan or any other interest thereon or fee relating to, payable under the Commitments or the Advances shall be madeLoan Documents; (iii) no increase a decrease in the amount, amount of any fee payable to a Bank hereunder; the postponement of any date fixed for any payment of principal of or interest on the Loan; an extension of the term, of the Commitment beyond those provided for hereunder shall be madeMaturity Date; (iv) no a change in the definitions manner of distribution of any payments to the Banks or the Agent; the release of the terms "Borrower or the Guarantors except as otherwise provided herein; an amendment to this ss.27; an amendment of the definition of Majority Banks" ; or "Collateral" shall be made; (v) no release an amendment of any provision of this Agreement or the Loan Documents which requires the approval of all of the Collateral granted by Banks or the Trust pursuant Majority Banks to require a lesser number of Banks to approve such action. The provisions of ss.14 may not be amended without the Security Documents shall be made; and (vi) no change in written consent of the language of this 25 shall be madeAgent. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Agent or any Bank in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Trust Borrower shall entitle the Trust Borrower to other or further notice or demand in similar or other circumstances.

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly set forth in any particular provision of this Agreement or any of the other Loan Documents, any Any consent or approval required or permitted by this Agreement or any of the other Loan Documents to be given by all of the Banks Institutions may be given, and any term of this Agreement or any of Agreement, the other Loan Consignment Documents or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Trust of any term of this Agreement Consignee or any of its Subsidiaries of any terms of this Agreement, the other Loan Consignment Documents or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Trust Consignees and the Majority Banks, provided, however, that: (a) Without the written consent of such Banks as hold 100% the Required Institutions. Notwithstanding the foregoing (a) without the written consent of the aggregate principal amount Consignees and the written consent of each Institution affected thereby, the definition of Maturity Date may not be changed, the basis for calculation of Daily Consignment Fees may not be decreased, the amounts of the Maximum CommitmentCommitments may not be increased, (i) no reduction in the principal amount of, interest rate on, or Facility Fee and all or any other fee relating to the Commitments or the Advances shall be made; (ii) no extension or postponement of the stated time of payment of the principal amount of, interest on, or Facility Fee or any other fee relating to, the Commitments or the Advances shall be made; (iii) no increase in the amount, or extension of the term, of the Commitment beyond those provided for hereunder shall be made; (iv) no change in the definitions of the terms "Majority Banks" or "Collateral" shall be made; (v) no release of any substantial portion of the Collateral granted by may not be released; (b) the Trust pursuant to definition of Required Institutions may not be amended without the Security Documents shall be madewritten consent of all of the Institutions; and (vic) no change in ss.13 may not be amended without the language written consent of this 25 shall be madethe Agent. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Agent or any Bank Institution in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Trust any Consignee shall entitle the Trust any Consignee to other or further notice or demand in similar or other circumstances.

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly set forth provided in any particular provision of this Agreement or any of the other Loan DocumentsAgreement, any consent or approval required or permitted by this Agreement or any of the other Loan Documents to be given by one or more or all of the Banks may be given, and any term of this Agreement or any of the other Loan Documents or of any other instrument related /107 hereto or mentioned herein may be amended, and the performance or observance by the Trust Company of any term terms of this Agreement or such other instrument or the continuance of any Default or Event of the other Loan Documents Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Trust Company and the Majority Banks, provided, however, that: (a) Without the written consent of such Banks as hold 100% of the aggregate principal amount of Majority Banks. Notwithstanding the Maximum Commitmentforegoing, (i) no reduction amendment, waiver or consent shall, unless in writing and signed by all of the Banks, reduce the principal amount of, of or interest rate onon any Loans, extend the term or increase the amount of the Commitment of any Bank, reduce the amount of any commitment fees, extend any regularly scheduled payment date for principal or interest, or Facility Fee or any other fee relating to change the Commitments or the Advances shall be madedefinition of Majority Banks; and (ii) no extension or postponement 8 may not be amended without the written consent of the stated time of payment of the principal amount of, interest on, or Facility Fee or any other fee relating to, the Commitments or the Advances shall be made; (iii) no increase in the amount, or extension of the term, of the Commitment beyond those provided for hereunder shall be made; (iv) no change in the definitions of the terms "Majority Banks" or "Collateral" shall be made; (v) no release of any of the Collateral granted by the Trust pursuant to the Security Documents shall be made; and (vi) no change in the language of this 25 shall be madeAgent. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of any Bank in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Trust Company shall entitle the Trust Company to other or further notice or demand in similar or other circumstances.

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly set forth in any particular provision of this Agreement or any of the other Loan Documents, any Any consent or approval required or permitted by this Agreement or any of the other Loan Documents to be given by all of the Banks Lenders may be given, and any term of this Agreement or any of Agreement, the other Loan Documents or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Trust of any term of this Agreement Borrower or any of its Subsidiaries of any terms of this Agreement, the other Loan Documents or such other instrument, or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Trust Borrower and the Majority Banks, provided, however, that: (a) Without the written consent of such Banks as hold 100% the Majority Lenders. Notwithstanding the foregoing, the rate of interest on and the term of the aggregate principal Notes, the amount of the Maximum Commitment, (i) no reduction in the principal amount of, interest rate on, or Facility Fee or any other fee relating to the Commitments or the Advances shall be made; (ii) no extension or postponement of the stated time Lenders, and the amount of payment commitment fee hereunder may not be changed without the written consent of the principal amount of, interest on, or Facility Fee or any other fee relating to, Borrower and the Commitments or written consent of each Lender affected thereby; the Advances shall definition of Majority Lenders may not be made; (iii) no increase in amended without the amount, or extension written consent of all of the term, Lenders; and the amount of the Commitment beyond those provided Agent's fee payable for hereunder shall the Agent's account and Section 13 may not be made; (iv) no change in amended without the definitions written consent of the terms "Majority Banks" or "Collateral" shall be made; (v) no release of any of the Collateral granted by the Trust pursuant to the Security Documents shall be made; and (vi) no change in the language of this 25 shall be madeAgent. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Agent or any Bank Lender in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Trust Borrower shall entitle the Trust Borrower to other or further notice or demand in similar or other circumstances.