Supplements, Amendments and Waivers. This Agreement may be supplemented or amended only by a subsequent writing signed by each of the parties hereto (or their successors or permitted assigns), and any provision hereof may be waived only by a written instrument signed by the party charged therewith.
Supplements, Amendments and Waivers. Subject to certain exceptions, the Indenture, the Notes or the Guarantees of the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes), and any existing default or compliance with any provision of the Indenture, the Notes or the Guarantees of the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). The Company and the Trustee may amend or supplement the Indenture, the Notes and the Guarantees of the Notes without notice to or the consent of any holder of Notes in certain circumstances described in the Indenture.
Supplements, Amendments and Waivers. 35 Section 9.01 Without Consent of Holders .............................. 35 Section 9.02 With Consent of Holders ................................. 35 Section 9.03 Revocation and Effect of Consents ....................... 36 Section 9.04 Notation on or Exchange of Securities ................... 37 Section 9.05 Trustee to Sign Amendments, Etc. ........................ 37
Supplements, Amendments and Waivers. Any supplement or amendment to, or any waiver of any provision of, this Agreement shall be effective when consented to in writing by the Holders of a majority of the Warrants then outstanding (determined as though there were one Warrant for each share of Common Stock issuable on the exercise of the then outstanding Warrants) and by the Company.
Supplements, Amendments and Waivers. This agreement may not be amended except in writing signed by the Company and the Holder. Any supplement, amendment or waiver effected pursuant to and in accordance with the provisions of this Section 7.7 shall be binding upon the Holder and upon each future holder and the Company. In the event of any supplement, amendment or waiver, the Company shall give prompt notice thereof to the Registered Holder.
Supplements, Amendments and Waivers. 28 Section 9.01 Without Consent of Holders.......................................................28 Section 9.02 With Consent of Holders..........................................................29 Section 9.03 Revocation and Effect of Consents................................................30 Section 9.04 Notation on or Exchange of Securities............................................30 Section 9.05 Trustee to Sign Amendments, Etc..................................................31 ARTICLE 10. MISCELLANEOUS.................................................................................31 Section 10.01 Notices..........................................................................31 Section 10.02 Communication By Holders With Other Holders......................................32 Section 10.03 Certificate and Opinion as to Conditions Precedent...............................32 Section 10.04 Statements Required in Certificate or Opinion....................................32 Section 10.05 Rules By Trustee and Agents......................................................32 Section 10.06 Legal Holidays...................................................................32 Section 10.07 No Recourse Against Others.......................................................32 Section 10.08 Counterparts.....................................................................33 Section 10.09 Governing Law; Waiver of Trial by Jury...........................................33 Section 10.10 Severability.....................................................................33 Section 10.11 Effect of Headings, Table of Contents, Etc.......................................33 Section 10.12 Successors and Assigns...........................................................33 Section 10.13 No Interpretation of Other Agreements............................................33
Supplements, Amendments and Waivers. Any provision of this Agreement may be supplemented, amended or waived if, but only if, such supplement, amendment or waiver is in writing and, in the case of a supplement or an amendment, is signed by the EDC Holder, the Trustee and the Delaware Trustee, with the prior written consent of the Administrative Agent on behalf of the Secured Creditors (which consent shall not be unreasonably withheld, conditioned or delayed) and, in the case of a waiver, is signed by the 99724359 Nelnet-RBC Amended and Restated Trust Agreement party (or parties, as applicable) granting the waiver and then such waiver shall be effective only in the specific instance and for the specific purpose for which given. To the extent the consent of any of the parties hereto is required under this Agreement, the determination as to whether to grant or withhold such consent shall be made by such party in its sole discretion without any implied duty toward any other Person, except as otherwise expressly provided herein. Notwithstanding anything herein to the contrary, no provision of this Agreement may be supplemented, amended or waived if such supplement, amendment or waiver will cause the Trust to be treated, for federal income tax purposes, as an association or a publicly traded partnership taxable as a corporation. Prior to the execution of any amendment to this Agreement, the Trustee, the Delaware Trustee and the Administrative Agent, on behalf of the Secured Creditors, shall be entitled to receive and rely upon an opinion of counsel from the Depositor stating that (i) the execution of such amendment is authorized or permitted by this Agreement and (ii) in the opinion of such counsel all conditions precedent in connection with such amendment, if any, have been complied with. The Trustee, the Delaware Trustee and the Administrative Agent, on behalf of the Secured Creditors, may, but shall not be obligated to enter into any such amendment which affects the Trustee’s or the Administrative Agent’s, on behalf of the Secured Creditors, as applicable, own rights, duties or immunities under this Agreement or otherwise. No amendment pursuant to this Section 11.01 shall be effective which affects the rights, duties, indemnities or immunities of the Trustee, the Delaware Trustee or the Administrative Agent, on behalf of the Secured Creditors, without the prior written consent of such affected party.
Supplements, Amendments and Waivers. This Agreement may be supplemented or amended only by a subsequent writing signed by the Company and Warrantholders holding a majority of the outstanding Warrants; provided that no supplement or amendment may be made to Section 7, Section 8 or this Section 17 (or any of the defined terms used in Section 7, Section 8 or this Section 17) without a subsequent writing signed by the Company and each Warrantholder.
Supplements, Amendments and Waivers. Section 9.01. Without Consent of Holders. Section 9.02. With Consent of Holders.
Supplements, Amendments and Waivers. This provisions of the Note Purchase Agreement governing amendments, supplements or waivers of the provisions thereof shall apply mutatis mutandis to amendments supplements or waivers of any of the terms and provisions of this Agreement; provided, that no supplement or amendment may be made to Section 3, Section 4, Section 6, Section 14, or this Section 11 without a written instrument signed by the Company and each Noteholder.
