Variation or Waiver. No variation or waiver of this Agreement shall be made if the same would adversely affect the then current ratings of` any of the Notes.
Variation or Waiver. 16.5.1 No variation of this Agreement shall be effective unless in writing and signed by or on behalf of each of the parties.
16.5.2 No failure or delay by a party in exercising any right or remedy provided by Applicable Law or under this Agreement or any Ancillary Agreement shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time and no single or partial exercise of any such right or remedy shall preclude any further exercise of it or the exercise of any other remedy.
Variation or Waiver. 20.1.1 No failure or delay on the part of any Party to exercise any right or remedy under this Agreement shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy
20.1.2 No waiver of any breach or default under this Agreement or any of the terms hereof shall be effective unless such waiver is given in writing and has been signed by the Party waiving its entitlement. No waiver of any breach or default in accordance with this clause 20 shall constitute a waiver of any other or subsequent breach or default
20.1.3 No modification variation or amendment of any provision in this Agreement shall be effective unless in writing and signed by the Parties’ duly authorised signatories acting on authority to vary such terms
Variation or Waiver. The Parent will not, and the Parent will procure that Nutricia will not, without the consent of the Arrangers:
(i) waive or vary the original offer price for the tender of shares of Rexall Sundown;
(ii) waive or vary the acceptance levels for the tender of shares of Rexall Sundown;
(iii) extend the offer period for the tender of shares of Rexall Sundown beyond any period contemplated in the Offer Documents; or
(iv) except as contemplated by this Agreement, alter in any material respect the way in which the consideration due to the Rexall Sundown shareholders is funded from that set out in the Offer Document.
Variation or Waiver. Save as otherwise provided in this Agreement including in the definition of “Restructuring Steps”, Clause 1.4, Clause 3.3 and Clause 3.4, no amendment or waiver of this Agreement shall be effective unless it is made in writing and signed by each Party and BNFL.
Variation or Waiver. No variation or waiver of any of the provisions of this Agreement and no agreement concluded pursuant to any of the provisions of this Agreement shall be binding unless in writing and signed by the duly authorized representatives of the Parties.
Variation or Waiver. 6.5.1 No modification, variation or amendment of any provision in this Agreement shall be effective unless it is in writing and signed by a duly authorised representative of each party.
6.5.2 No waiver of any breach or default under this Agreement or any of the terms hereof shall be effective unless such waiver is given in writing and has been signed by the party waiving its entitlement.
Variation or Waiver. The Parent will not, without the consent of the Arrangers, or following syndication, the Instructing Group:
(a) vary or waive any term of the Acquisition unless it is required by law or it is merely of a formal, minor or technical nature;
(b) treat any condition to the Acquisition as having been waived (unless it is a formal, minor or technical matter);
(c) offer any cash consideration to Xxxxxx stockholders except for the purchase of stock options; or
(d) change the way in which the cash needed in connection with the Acquisition or the Merger is to be funded. In all these cases, the Parent will notify the Agent promptly of the action, where possible doing so before taking it. In the case of an action for legal reasons, the Parent will provide the Agent with a copy of the legal advice. This paragraph (R) does not apply to an amendment to the terms of the Acquisition as a result of which the Parent acquires the Tracking Stock in consideration of the issue of new shares in the Parent.
Variation or Waiver. The Parent will not, without the consent of the Arrangers, or following syndication, the Special Majority Banks:
(i) waive or vary any term or condition of the Offer;
(ii) treat any condition of the Offer as having been waived;
(iii) increase the cash consideration payable in relation to the Offer and the Merger above US$42 per share; 59 56
(iv) alter the way in which the cash consideration payable in relation to the Offer and the Merger is to be funded; or
(v) waive or vary any of the provisions of the Merger Agreement or the Voting Trust Agreement.
Variation or Waiver. None of the provisions of this Licence Agreement shall be taken either at law or in equity to have been varied waived discharged or released by the Licensor unless by his or her express consent in writing. No waiver by the Licensor of any breach of any condition contained or implied in this Licence Agreement shall operate as a waiver of another breach of the same or of any other condition in this Licence Agreement.
