Modifications, Consents and Waivers. This Agreement may not be modified, amended, altered or supplemented except upon the execution and delivery of a written agreement executed by each of the parties hereto. Any party hereto may waive compliance, with respect to any obligations owed to such party, with any provision of this Agreement. Any waiver hereunder shall be effective only if made in a writing signed by the party to be charged therewith and only in the specific instance and for the purpose for which given. No failure or delay on the part of any party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude any further exercise thereof or the exercise of any other right, power or privilege.
Modifications, Consents and Waivers. No modification, amendment or waiver of or with respect to any provision of the Loan Documents, nor consent to any departure by a party from any of the terms or conditions thereof shall in any event be effective unless it is in writing and signed by the party against whom such modification, amendment, waiver or consent is sought to be enforced. Any such waiver or consent will be effective only in the specific instance and for the purpose for which given. No consent to or demand on the Borrower in any case will, of itself, entitle it to any other or further notice or demand in similar or other circumstances.
Modifications, Consents and Waivers. No failure or delay on the part ----------------------------------- of Lender in exercising any power or right hereunder or under the Promissory Notes or New Notes or under any other Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power. No amendment, modification or waiver of any provision to this Agreement, the Notes or any other Document, nor consent to any departure therefrom, shall in any event be effective unless the same shall be in writing and consented to by Lender, and then such amendment, modification, waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances.
Modifications, Consents and Waivers. Entire Agreement 12
Modifications, Consents and Waivers. No failure or delay on the part of either party in exercising any power or right hereunder or under any other document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or future exercise thereof or the exercise of any other right or power. No amendment, modification or waiver of any provision of this Agreement, nor consent to any departure by any party therefrom, shall be effective except in the specific instance and for the purpose for which given. Except as otherwise provided in any document, no notice to or demand on a party in any case shall entitle that party to any other or future notice or demand in similar or other circumstances.
Modifications, Consents and Waivers. No failure or delay on the part of the Agent or any Bank in exercising any power or right under any Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power under any Loan Document preclude any other or future exercise thereof or the exercise of any other right or power. The remedies provided in the Loan Documents are cumulative and are not exclusive of any remedies provided by law. No amendment, modification or waiver of any provision of any Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in writing and signed or consented to by the Requisite Banks, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, modification, waiver or consent shall, unless in writing and signed by all the Banks, do any of the following: (i) waive any of the conditions specified in Section 3; (ii) increase the Commitment of any Bank or subject the Banks to any additional obligation; (iii) reduce the principal of, or interest on, the Notes or any fees hereunder; (iv) postpone any date fixed for any payment of principal of, or interest on, the Notes or any fees hereunder; (v) take any action which requires the signing of all the Banks pursuant to the terms of any Loan Document; (vi) change the percentage of the Commitments, or the number of Banks, which shall be required for the Banks or any of them to take any action under any Loan Document; or (vii) amend, modify or waive Sections 7.05, 7.08 through 7.15, or this Section 11.09; and, provided, further, that no amendment, modification, waiver or consent shall, unless in writing and signed by Agent, in addition to the Banks required hereinabove to take such action, affect the rights and duties of Agent under any Loan Document. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances.
Modifications, Consents and Waivers. No modification, amendment or waiver of, or with respect to, any provision of this Agreement or any other instruments and documents delivered pursuant hereto or thereto, nor consent to any departure by Seller from any of the terms or conditions hereof or thereof, shall in any event be effective unless it shall be in writing and signed by Buyer. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No consent to or demand on Seller in any case shall, of itself, entitle it to any other or further notice or demand in similar or other circumstances. Upon not less than five (5) Business Days’ prior notice to Seller, Buyer may modify any Exhibit or the form of any document referred to in any Exhibit, prospectively, to conform to current legal requirements or Buyer’s practices and, as so modified, those Exhibits and documents will be part of this Agreement.
Modifications, Consents and Waivers. To the extent permitted by law, no failure or delay on the part of the Banks in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power hereunder. No modification or waiver of any provision of this Agreement or of the Notes nor consent to any departure by the Company therefrom shall in any event be effective unless the same shall be in writing and signed by the Majority Banks, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given; provided, however, that no such modification, waiver or consent may be made which will (a) extend the time for payment of principal of or interest on any Note or reduce the principal amount of or rate of interest on any Note or otherwise affect the terms of payment of the principal of or interest on any Note without the written consent of the holder of such Note or (b) affect the terms of or reduce the amount of the commitment fee or reduce the percentage of 66 2/3% specified in the definition of "Majority Banks" or amend the provisions of this Section 8.01 without the written consent of the holders of all Notes at the time outstanding (or, if no Notes are then outstanding, all of the Banks). No notice to or demand on the Company in any case shall, of itself, entitle the Company to any other or further notice or demand in similar or other circumstances.
Modifications, Consents and Waivers. Except as allowed or limited by the remainder of this section, the Bank Group Majority may in specific instances modify the terms and conditions of this Agreement, grant consents requested by the Contran Companies, waive compliance by the Contran Companies with the terms and conditions of this Agreement but any such modifications, consent, or waiver must be in writing to be effective. Notwithstanding any other term or conditions of the Loan Documents, no modification, consent, or waiver may, unless such modification, consent, waiver, release, or termination is in writing and is signed by all members of the Bank Group:
1. Waive any of the conditions precedent specified in Article III of this Agreement;
2. Increase or decrease the individual commitment of any member of the Bank Group, or otherwise subject any member of the Bank Group to any additional obligations without such bank's consent
3. Reduce the amount payable on any Note (including principal, interest, or fees);
4. Extend the Expiry Date or the Maturity Date;
5. Change the definition of "Bank Group Majority" or modify this section; or
6. Authorize the release or termination of any Guaranty or the security interest of the Bank Group in any material or essential part of or interest in the Pledged Securities. Notwithstanding the foregoing, the Bank Group Majority will have the right to authorize the Agent to release parts of and/or interests in Pledged Securities from time to time to accommodate ordinary course of business transactions by the Contran Companies and the Agent may release additional pledged securities as provided in 'II.B.10 of this Agreement as long as the LTV is maintained at or above 50%.
Modifications, Consents and Waivers. (a) Notwithstanding anything to the contrary contained in any Loan Document, with the written consent of the Required Banks, the Agent and the Borrowers may, from time to time, enter into written amendments, supplements or modifications thereof and, with the consent of the Required Banks, the Agent on behalf of the Banks, may execute and deliver to any such parties a written instrument waiving or consenting to the departure from, on such terms and conditions as the Agent may specify in such instrument, any of the requirements of the Loan Documents or any Default or Event of Default and its consequences; provided, however, that no such amendment, supplement, modification, waiver or consent shall:
(i) without the written consent of all of the Banks (A) increase the Commitment of any Bank, (B) extend the Credit Period, (C) reduce the rate or amount, or extend the time of payment, of the Commitment Fee , (D) reduce the rate or amount of, or extend the time of payment of, interest on any Loan or any Note, (E) reduce the amount, or extend the time of payment of any installment or other payment of principal on any Loan or any Note, (F) decrease or forgive the principal amount of any Loan or any Note, (G) consent to any assignment or delegation by any Borrower of any of its rights or obligations under any Loan Document; (H) change the provisions of Section 2.22, 2.24, 2.26 or this Section 10.6, (I) change the definition of "Required Banks", or any provision of this Agreement requiring the consent or approval of all the Banks, (J) change the several nature of the Banks' obligations, (K) change any provision governing the sharing of payments and liabilities among the Banks, (L) amend or modify the dollar amount set forth in Section 2.8(c)(i) hereof; or (M) release all or substantially all of the obligations of any Borrower under any Loan Document; provided that any increase to a Commitment or the Total Commitment in accordance with terms of Section 2.8(c) shall not require the consent of any Bank other than the Bank whose Commitment is being increased; and
(ii) without the written consent of the Agent, amend, modify or waive any provision of Article 9 or otherwise change any of the rights or obligations of the Agent under any Loan Document.
(b) No modification, amendment or waiver of or with respect to any provision of this Agreement, any Notes, or any of the other Loan Documents and all other agreements, instruments and documents delivered pursuant hereto or theret...
