Modifications and Amendments; Waiver. 14.1 The Fiscal and Paying Agency Agreement or the terms and conditions of the Notes may be amended by the Company and the Fiscal Agent, without the consent of the Noteholder of any Note, for the purposes of curing any ambiguity, or of curing, correcting or supplementing any defective provisions contained therein or herein or for any other purpose which the Company and the Fiscal Agent may deem necessary or desirable and which will not be inconsistent with the Notes and which will not adversely affect the interests of the Noteholders, in the sole opinion of the Company.
Modifications and Amendments; Waiver. Except as otherwise expressly provided in this Agreement, this Agreement may not be amended or modified except by a written agreement signed by authorized representatives of each party. The failure of DealerTrack or Lender in any one or more instances to insist upon strict performance of any of the terms or provisions of this Agreement will not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms or provisions on any future occasion.
Modifications and Amendments; Waiver. Modifications and amendments to these Terms and Conditions may be made without the consent of the holders of the Preferred Securities, to: (1) evidence succession of another corporation or association to the Bank and the assumption by such a party of the obligations of the Bank under this Note in the event in the event of a merger, consolidation or sale of assets in accordance with the terms hereof; (2) add further covenants, restrictions or conditions for the protection of holders of this Note; (3) reduce or increase the principal amount hereof solely with respect to the portion of this Note relating to the Common Securities of the Trust; or (4) cure ambiguities or correct this Note in case of defects or inconsistencies in the provisions hereof or supplement this Note with other provisions, so long as any such cure, correction or supplement does not adversely affect the interest of the holder of this Note in any material respect. The Bank and the Property Trustee may, with the consent of the holders of not less than a majority in principal amount of the outstanding Preferred Securities, enter into written modifications to this Note; provided, that no such amendment may, without the consent of the all holders of all Preferred Securities, (1) reduce the amount of Preferred Securities the holders of which must consent to any amendment, supplement or waiver of this Note, (2) extend the final maturity of this Note, or reduce the rate or extend the time of payment of interest hereon, or reduce the principal amount hereof (except as provided in the previous sentence), (3) alter the method of calculation of the amount paid at final maturity hereof or (4) make the principal hereof or interest hereon payable in any coin or currency other than that provided in this Note. Any modifications or amendments to these Terms and Conditions as provided in the clauses above will be conclusive and binding on the holder of this Note, whether or not its has given consent. No provision of this Note shall alter or impair the obligation of the Bank, which is absolute and unconditional, to pay the principal of and interest on this Note at the places, at the respective times, at the rate and in the coin or currency herein prescribed.
Modifications and Amendments; Waiver. Except as otherwise expressly provided in this AGREEMENT, this AGREEMENT may not be amended or modified except by a written agreement signed by authorized representatives of each party. The failure of CREDIT CONNECTION or ABC in any one or more instances to insist upon strict performance of any of the terms or provisions of this AGREEMENT will not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms or provisions on any future occasion.
Modifications and Amendments; Waiver. (a) The Fiscal and Paying Agency Agreement or the terms and conditions of the Notes may be amended by the Issuer and the Fiscal Agent, without the consent of the Noteholder of any Note, for the purposes of curing any ambiguity, or of curing, correcting or supplementing any defective provisions contained therein or herein or for any other purpose which the Issuer and the Fiscal Agent may deem necessary or desirable and which will not be inconsistent with the Notes and which will not adversely affect the interests of the Noteholders, in the sole opinion of the Issuer.
Modifications and Amendments; Waiver. Except as otherwise expressly provided in this Agreement, this Agreement may not be amended or modified except by a written agreement signed by authorized representatives of each party. The failure of DealerTrack or CMSI in any one or more instances to insist upon strict performance of any of the terms or provisions of this Agreement will not be construed as a waiver or relinquishment, to any extent, of the right to assert or rely upon any such terms or provisions on any future occasion. (c)
