Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 25 contracts
Samples: Note Agreement (AbitibiBowater Inc.), Note Purchase Agreement (Bare Escentuals Inc), Note Agreement (Cleveland Cliffs Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders Holders of the Notes and shall be binding upon them, upon each future holder Holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 7 contracts
Samples: Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes Holders and shall be binding upon them, upon each future holder of any Note Holder and upon the Company, whether or not such any Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 6 contracts
Samples: Note Agreement (Meritage Corp), Note Agreement (Cherry Corp), Note Agreement (Allied Holdings Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes Debentures and shall be binding upon them, upon each future holder of any Note Debenture and upon the Company, whether or not such Note Debenture shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 6 contracts
Samples: Debenture Purchase Agreement (Aqua Care Systems Inc /De/), Debenture Purchase Agreement (Teltronics Inc), Debenture Purchase Agreement (Berger Holdings LTD)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon themthe Holder, upon each future holder of any Note and upon the CompanyBorrower, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 4 contracts
Samples: Warrant Agreement (Global Telecom & Technology, Inc.), Warrant Agreement (Global Telecom & Technology, Inc.), Warrant Agreement (Global Telecom & Technology, Inc.)
Effect of Amendment or Waiver. Any such amendment or waiver under this Agreement shall apply equally to all of the holders of the Notes Note and shall be binding upon them, upon each future holder of any the Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 4 contracts
Samples: Note Agreement (Standard Management Corp), Note Agreement (Standard Management Corp), Note Agreement (Standard Management Corp)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes of the series to which such amendment or waiver pertains and shall be binding upon them, upon each future holder of any Note of such series and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 3 contracts
Samples: Note Agreement (Universal Forest Products Inc), Note Agreement (Universal Forest Products Inc), Note Agreement (Universal Forest Products Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes Holders and shall be binding upon them, upon each future holder of any Note Holder and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 3 contracts
Samples: Note Purchase Agreement (Crown Pacific Partners L P), Note Agreement (Fuller H B Co), Note Purchase Agreement (Crown Pacific Partners L P)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders Holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 3 contracts
Samples: Note Purchase Agreement (Value Partners LTD /Tx/), Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any this Note and upon the CompanyCompany and the Holder, whether or not such this Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 2 contracts
Samples: Security Agreement (Sirva Inc), Security Agreement (Sirva Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon each of the CompanyConstituent Companies, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 2 contracts
Samples: Note Agreement (Unitog Co), Note Agreement (Unitog Co)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon. .'SECTION 8.
Appears in 2 contracts
Samples: Note Agreement (World Acceptance Corp), Note Agreement (World Acceptance Corp)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the CompanyObligors, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.. As used herein, the term "
Appears in 2 contracts
Samples: Note Agreement (Intertape Polymer Group Inc), Note Agreement (Intertape Polymer Group Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate Indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Purchase Agreement (Panther Expedited Services, Inc.)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes of a Series and shall be binding upon them, upon each future holder of any Note of such Series and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Agreement (Cabelas Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes Noteholders and shall be binding upon them, upon each future holder of any Note Noteholder and upon the CompanyGuarantor, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Agreement (Connecticut Water Service Inc / Ct)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders Holders of the Notes of a Series and shall be binding upon them, upon each future holder Holder of any Note Notes of such Series and upon the Company, whether or not such any Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Agreement (Semco Energy Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes Holders and shall be binding upon them, upon each future holder of any Note Holder and upon the CompanyObligors, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Agreement (Quad/Graphics, Inc.)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes Holders and shall be binding upon them, upon each future holder of any Note Holder and upon the Company, whether or not such any Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.. 14
Appears in 1 contract
Samples: Private Placement Memorandum (Soy Environmental Products Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon. .
Appears in 1 contract
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes Lender and shall be binding upon themit, upon each future holder of any Note successor or transferee thereof and upon the CompanyBorrower, whether or not such the Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Credit and Security Agreement (Computer Outsourcing Services Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the CompanyIssuer, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes Holders and shall be binding upon them, upon each future holder of any Note Holder and upon the Company, whether or not such any Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon. .
Appears in 1 contract
Effect of Amendment or Waiver. Any such amendment or waiver shall ----------------------------- apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Purchase Agreement (Worldcorp Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the Purchasers or holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Agreement (SJW Corp)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note Note, and upon the CompanyBorrowers, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Loan Agreement (Bikers Dream Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders Holders of the Notes of the Series to which the amendment or waiver applies and shall be binding upon them, upon each future holder Holder of any Note the Notes of such Series and upon the Company, whether or not any Note of such Note Series shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon themsuch holders, upon each future holder of any Note and upon the Company, whether or not such Note notes shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note (Ntelos Holdings Corp)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the CompanyCompany (and in the case of any Deed of Trust, the Trustee), whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes of the Series to which such amendment or waiver pertains and shall be binding upon them, upon each future holder of any Note of such Series and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Purchase and Private Shelf Agreement (Universal Forest Products Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the CompanyCompany (and in the case of the Deed of Trust, the Trustee), whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)
Effect of Amendment or Waiver. Any such amendment or waiver ------------------------------------------- shall apply equally to all of the holders of the Notes Holders and shall be binding upon them, upon each future holder of any Note Holder and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon themthe Holder, upon each future holder of any Note and upon the CompanyBorrowers, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Warrant Agreement (Global Telecom & Technology, Inc.)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note Notes and upon the Company, whether or not such Note Notes shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon Company (and the CompanyAgent), whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)
Effect of Amendment or Waiver. Any such amendment or waiver ------------------------------------------ shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Agreement (U S Rentals Inc)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders Holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.been
Appears in 1 contract
Samples: Note Agreement (Allied Capital Corp)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes Debentures and shall be binding upon them, upon each future holder of any Note Debenture, and upon the CompanyBorrowers, whether or not such Note Debenture shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Debenture Purchase Agreement (Compass Plastics & Technologies Inc)
Effect of Amendment or Waiver. Any such amendment or waiver ----------------------------- shall apply equally to all of the holders of the Notes Holders and shall be binding upon them, upon each future holder Holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the CompanyObligors, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the CompanyCompany (and in the case of the Mortgage, the Trustee), whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Purchase Agreement (Kmart Corp)
Effect of Amendment or Waiver. Any such amendment or waiver as consented to in this §7 shall apply equally to all of the holders Holders of the Notes and shall be binding upon them, upon each future holder Holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Samples: Note Agreement (Allied Capital Corp)
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note Noteholder and upon the CompanyParent Guarantor, whether or not such Note the Notes shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
Appears in 1 contract
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.
SECTION 8. INTERPRETATION OF AGREEMENT; DEFINITIONSSECTION 8.INTERPRETATION OF AGREEMENT; DEFINITIONS.
Appears in 1 contract
Effect of Amendment or Waiver. Any such amendment or waiver shall apply equally to all of the holders Holders of the Notes and shall be binding upon them, upon each future holder Holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.. Allied Capital Corporation 2003 Note Agreement
Appears in 1 contract
Samples: Note Agreement (Allied Capital Corp)
