Variations and Waivers. No variation, modification or waiver of any provision in this agreement, nor consent to any departure by any party from any such provision, will be of any effect unless it is in writing and signed by the parties or (in the case of a waiver) by the party giving it. Any such variation, modification, waiver or consent will be effective only to the extent to or for which it may be made or given.
Variations and Waivers. 16.1 No variation of this Agreement shall be effective unless made in writing signed by or on behalf of both parties and expressed to be such a variation.
16.2 No failure or delay by either party or time or indulgence given in exercising any remedy or right under or in relation to this Agreement shall operate as a waiver of the same, nor shall any single or partial exercise of any remedy or right preclude any further exercise of the same or the exercise of any other remedy or right.
16.3 No waiver by either party of any requirement of this Agreement, or of any remedy or right under this Agreement, shall have effect unless given in writing and signed by such party. No waiver of any particular breach of the provisions of this Agreement shall operate as a waiver of any repetition of such breach.
Variations and Waivers. 22.1 No variation of this Agreement shall be effective unless made in writing signed by or on behalf of all the parties and expressed to be such a variation.
22.2 A waiver of any right, power, privilege or remedy provided by this Agreement must be in writing and may be given subject to any conditions thought fit by the grantor. For the avoidance of doubt, any omission to exercise, or delay in exercising, any right, power, privilege or remedy provided by this Agreement shall not constitute a waiver of that or any other right, power, privilege or remedy.
22.3 A waiver of any right, power, privilege or remedy provided by this Agreement shall not constitute a waiver of any other breach or default by the other party and shall not constitute a continuing waiver of the right, power, privilege or remedy waived or a waiver of any other right, power, privilege or remedy. A44416060 80
22.4 Any single or partial exercise of any right, power, privilege or remedy arising under this Agreement shall not preclude or impair any other or further exercise of that or any other right, power, privilege or remedy.
Variations and Waivers. 18.1 Subject to clause 3.3, no variation to or waiver of any part of this Agreement shall be valid or effective unless or until agreed to in writing by Northpower.
Variations and Waivers. No failure to exercise and no delay on the part of the Lender in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power preclude any other or future exercise thereof or the exercise of any other right or power. The rights, powers and remedies herein provided are cumulative and not exclusive of any rights, powers or remedies provided by law.
Variations and Waivers. 9.1 Subject to the following provisions of this Clause 9, the Applicant and the Issuer shall be bound by any variation, waiver or suspension of any provision of this Agreement which is evidenced by a document signed by, or by an exchange of emails between, the Applicant and the Issuer.
9.2 No right or remedy to which the Issuer is entitled under or in connection with this Agreement shall be adversely affected by a variation, waiver or suspension made in relation to this Agreement except as specifically stated by the variation, waiver or suspension.
9.3 Except as set out in the previous provisions of this Clause 9, no act, course of conduct, failure or neglect to act or acquiescence on the part of the Issuer (or any person acting on behalf of the Issuer) shall result in the Issuer (or any person acting on behalf of the Issuer) being taken to have waived, or being precluded (permanently or temporarily) from enforcing or relying on:
(a) a provision of this Agreement; or
(b) its rights in respect of a breach by the Applicant of an obligation under this Agreement or the general law; or
(c) any right under the general law, including any right arising out of a breach such as is described in paragraph (b) above.
Variations and Waivers. 27.1 Required consents
(a) Subject to Clause 27.2 (Exceptions) and Clause 27.4 (Replacement of Screen Rate), any term of the Finance Documents may be amended or waived only with the consent of the Lender and the Borrower and any such amendment or waiver will be binding on the Lender and the Borrower.
Variations and Waivers. 27.1 Subject to Clause 27.2, a document shall be effective to vary, waive, suspend or limit any provision of a Finance Document, or any Creditor Party’s rights or remedies under such a provision or the general law, only if the document is signed, or specifically agreed to by fax by the Borrowers, by the Security Trustee on behalf and with the consent of the Instructing Group, by the Agent and the Security Trustee in their own rights, and, if the document relates to a Finance Document to which a Security Party is party, by that Security Party.
27.2 However, as regards the following, Clause 27.1 applies as if the words “by the Security Trustee on behalf and with the consent of the Instructing Group” were replaced by the words “by or on behalf and with the consent of every Bank”:
(a) a change in the definition of the Applicable Margin or in the definition of EURIBOR;
(b) a change to the date for, or the amount of, any payment of principal, interest, fees, or other sum payable under this Agreement;
(c) a change to any Bank’s Commitment;
(d) an extension of the Availability Period;
(e) a change to the definition of “Instructing Group” or “Finance Documents”;
(f) a change of the Manager as manager of the Vessels or the terms and conditions of management of the Vessels;
(g) a change to the preamble or to Clauses 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 15, 17, 22 or 36;
(h) a change to this Clause 27;
(i) (I) any release of, or material variation to, an Encumbrance, guarantee, indemnity or subordination arrangement set out in a Finance Document; and
(j) any other change or matter as regards which this Agreement or another Finance Document expressly provides that each Bank’s consent is required.
27.3 Except for a document which satisfies the requirements of Clauses 27.1 and 27.2, no document, and no act, course of conduct, failure or neglect to act, delay or acquiescence on the part of the Creditor Parties or any of them (or any person acting on behalf of any of them) shall result in the Creditor Parties or any of them (or any person acting on behalf of any of them) being taken to have varied, waived, suspended or limited, or being precluded (permanently or temporarily) from enforcing, relying on or exercising:
(a) a provision of this Agreement or another Finance Document; or
(b) an Event of Default; or
(c) a breach by the Borrowers or either of them or any other Security Party of an obligation under a Finance Document or the general law; or
(d) any right or remedy ...
Variations and Waivers. Any waiver or variation of any right or remedy (whether arising under this Deed or under the general law), or any consent given under this Deed, is only be effective if it is in writing and signed by the waiving, varying or consenting party, and applies only in the circumstances for which it was given, and shall not prevent the party giving it from subsequently relying on the relevant provision.
Variations and Waivers. This Agreement may not be varied except by an agreement in writing signed by the Parties.
