No Waiver; Amendments; Cumulative Remedies. No failure or delay by the Collateral Agent or any Notes Secured Party in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and the Notes Secured Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Security Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless in writing signed by the Collateral Agent with the concurrence or at the direction of the holders of the Notes to the extent required under Article 9 of the Indenture, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.
Appears in 6 contracts
Samples: Pledge and Security Agreement (Coty Inc.), Pledge and Security Agreement (Coty Inc.), Pledge and Security Agreement (Coty Inc.)
No Waiver; Amendments; Cumulative Remedies. No failure or delay by the Term Collateral Agent or any Notes Term Secured Party in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Term Collateral Agent and the Notes Term Secured Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Security Agreement or consent to any departure by any Grantor Term Secured Party therefrom shall in any event be effective unless in writing signed by the Term Collateral Agent with the concurrence or at the direction of the holders parties required under Section 4.05(d) of the Notes to the extent required under Article 9 of the IndentureEqual Priority Intercreditor Agreement, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.
Appears in 3 contracts
Samples: Intercreditor Agreement (American Tire Distributors Holdings, Inc.), Intercreditor Agreement (ATD Corp), Intercreditor Agreement (ATD Corp)
No Waiver; Amendments; Cumulative Remedies. No failure or delay by the Collateral Agent or any Notes other Secured Party in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and the Notes other Secured Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Security Agreement or consent to any departure by any Grantor Secured Party therefrom shall in any event be effective unless in writing signed by the Collateral Agent to the extent discretion is given to the Collateral Agent herein or pursuant to any other Loan Documents, or otherwise by the Collateral Agent with the concurrence or at the direction of the holders Lenders required under Section 9.01 of the Notes to the extent required under Article 9 of the IndentureCredit Agreement (if any), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.
Appears in 2 contracts
Samples: Collateral Agreement (Perspecta Inc.), Collateral Agreement (CSRA Inc.)
No Waiver; Amendments; Cumulative Remedies. No failure or delay by the Collateral Agent or any Notes Secured Party in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and the Notes Secured Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Security Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless in writing signed by the Collateral Agent with the concurrence or at the direction of the holders Lenders required under Section 10.02 of the Notes to the extent required under Article 9 of the IndentureCredit Agreement, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.
Appears in 2 contracts
Samples: Credit Agreement (Coty Inc.), Pledge and Security Agreement (Coty Inc.)
No Waiver; Amendments; Cumulative Remedies. No failure or delay by the Collateral Agent or any Notes Secured Party Creditor in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and the Notes Secured Parties Creditors hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No amendment or waiver of any provision of this Security Agreement or consent to any departure by any Grantor Secured Creditor therefrom shall in any event be effective unless in writing signed by the Collateral Agent with the concurrence or at the direction of the holders Lenders required under Section 11.12 of the Notes to the extent required under Article 9 of the IndentureCredit Agreement, and then such amendment, waiver or consent shall be effective only in the specific instance and for the purpose for which given.
Appears in 1 contract
No Waiver; Amendments; Cumulative Remedies. No failure or delay by the Collateral Agent or any Notes Secured Party in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and the Notes Secured Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Security Agreement or consent to any departure by any Grantor Secured Party therefrom shall in any event be effective unless in writing signed by the Collateral Agent to the extent discretion is given to the Collateral Agent herein or pursuant to any other Loan Documents, or otherwise by the Collateral Agent with the concurrence or at the direction of the holders Lenders required under Section 10.01 of the Notes to the extent required under Article 9 of the IndentureCredit Agreement (if any), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.
Appears in 1 contract
No Waiver; Amendments; Cumulative Remedies. No failure or delay by the Collateral Agent or any Notes Secured Party in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and the Notes Secured Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Security Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless in writing signed by the Collateral Agent with the concurrence or at the direction of the holders of the Notes to the extent Secured Parties required under Article 9 Sections 6.04 and 9.02 of the Indenture, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.
Appears in 1 contract
Samples: Master Senior Secured Notes Note Purchase Agreement (WeWork Inc.)
No Waiver; Amendments; Cumulative Remedies. No failure or delay by the Collateral Agent or any Notes Noteholder Secured Party in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and the Notes Noteholder Secured Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No amendment or waiver of any provision of this Security Collateral Agreement or consent to any departure by any Grantor Noteholder Secured Party therefrom shall in any event be effective unless in writing signed by the Collateral Agent with the concurrence or at the direction of the holders of the Notes to the extent Noteholder Secured Parties required under Article 9 Artcile IX of the Indenture, and then such amendment, waiver or consent shall be effective only in the specific instance and for the purpose for which given.
Appears in 1 contract
Samples: Notes Collateral Agreement (Builders FirstSource, Inc.)
No Waiver; Amendments; Cumulative Remedies. No failure or delay by the Notes Collateral Agent or any other Notes Secured Party in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Notes Collateral Agent and the other Notes Secured Parties Party hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this U.S. Security Agreement or consent to any departure by any Grantor Notes Secured Party therefrom shall in any event be effective unless in writing signed by the Notes Collateral Agent and, if required by the Indenture, with the concurrence or at the direction of the holders of the Notes to the extent Holders required under Article 9 of the Indenture, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.
Appears in 1 contract
Samples: Security Agreement (SunOpta Inc.)
No Waiver; Amendments; Cumulative Remedies. No failure or delay by the Notes Collateral Agent or any Notes Secured Party in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Notes Collateral Agent and the Notes Secured Parties hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Security Agreement or consent to any departure by any Grantor Secured Party therefrom shall in any event be effective unless in writing signed by the Notes Collateral Agent with the concurrence or at the direction of the holders of the Notes to the extent Secured Parties required under Article 9 of the IndentureCollateral Agency Agreement, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given.
Appears in 1 contract