Common use of Waiver, Modification, Etc Clause in Contracts

Waiver, Modification, Etc. No provision or term of this Amendment may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 37 contracts

Samples: Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.), Credit Agreement (Barnes & Noble Education, Inc.)

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Waiver, Modification, Etc. No provision or term of this Amendment hereof may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 26 contracts

Samples: Credit Agreement (Columbia Sportswear Co), Credit Agreement (Columbia Sportswear Co), Loan and Security Agreement (Spirit Realty Capital, Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment hereof may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforcedsought.

Appears in 17 contracts

Samples: Waiver And (Lexington Precision Corp), Accounts Financing Agreement (Ic Isaacs & Co Inc), Accounts Financing Agreement (Ic Isaacs & Co Inc)

Waiver, Modification, Etc. No provision or term of this Amendment No. 1 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 10 contracts

Samples: Loan and Security Agreement, Abl Credit Agreement (Cross Country Healthcare Inc), Credit Agreement (VOXX International Corp)

Waiver, Modification, Etc. No provision or term of this Amendment No. 2 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 7 contracts

Samples: Guaranty and Security Agreement (Cross Country Healthcare Inc), Credit Agreement (Perfumania Holdings, Inc.), Credit Agreement (Supervalu Inc)

Waiver, Modification, Etc. No provision or term of this Amendment No. 4 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 4 contracts

Samples: Abl Credit Agreement (Cross Country Healthcare Inc), Credit Agreement (VOXX International Corp), Loan and Security Agreement (U.S. Silica Holdings, Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment No. 6 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 3 contracts

Samples: Abl Credit Agreement (Cross Country Healthcare Inc), Loan and Security Agreement (BlueLinx Holdings Inc.), Loan and Security Agreement (U.S. Silica Holdings, Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment No. 5 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Cross Country Healthcare Inc), And Security Agreement (BlueLinx Holdings Inc.), Loan and Security Agreement (U.S. Silica Holdings, Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment No. 3 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 3 contracts

Samples: Abl Credit Agreement (Cross Country Healthcare Inc), Loan and Security Agreement (Farmer Brothers Co), Loan and Security Agreement (BlueLinx Holdings Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment No. 9 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 2 contracts

Samples: Credit Agreement (VOXX International Corp), Loan and Security Agreement (BlueLinx Holdings Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.enforced or otherwise in accordance with the terms of the Credit Agreement, including Section 9.08

Appears in 2 contracts

Samples: Credit Agreement (Quality Distribution Inc), Credit Agreement (Quality Distribution Inc)

Waiver, Modification, Etc. No provision or term of this Amendment No. 10 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 2 contracts

Samples: Credit Agreement (VOXX International Corp), Loan and Security Agreement (BlueLinx Holdings Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment No. 1 may be modified, altered, waived, discharged or terminated orallyorally or by course of conduct, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 2 contracts

Samples: Credit Agreement (Herc Holdings Inc), Letter of Credit Facility Agreement (Eastman Kodak Co)

Waiver, Modification, Etc. No provision or term of this Amendment No. 2 may be modified, altered, waived, discharged or terminated orallyorally or by course of conduct, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 2 contracts

Samples: Credit Agreement (Herc Holdings Inc), Letter of Credit Facility Agreement (Eastman Kodak Co)

Waiver, Modification, Etc. No provision or term of this Amendment No. 7 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 2 contracts

Samples: Credit Agreement and Waiver (VOXX International Corp), Loan and Security Agreement (BlueLinx Holdings Inc.)

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Waiver, Modification, Etc. No provision or term of this Amendment No. 14 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 1 contract

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment No. 3 may be modified, altered, waived, discharged or terminated orallyorally or by course of conduct, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 1 contract

Samples: Credit Agreement (Eastman Kodak Co)

Waiver, Modification, Etc. No provision or term of this Amendment No. 4 may be modified, altered, waived, discharged or terminated orallyorally or by course of conduct, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 1 contract

Samples: Credit Agreement (Eastman Kodak Co)

Waiver, Modification, Etc. No provision or term of this Amendment No. 1 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced. Section 12.

Appears in 1 contract

Samples: Credit Agreement (BlueLinx Holdings Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment No. 13 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 1 contract

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment No. 12 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 1 contract

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment No. 11 may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 1 contract

Samples: Loan and Security Agreement (BlueLinx Holdings Inc.)

Waiver, Modification, Etc. No provision or term of this Amendment may be modified, altered, waived, discharged or terminated orally, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforcedenforced or otherwise in accordance with the terms of the Credit Agreement, including Section 9.01 thereof.

Appears in 1 contract

Samples: Credit Agreement (Sealed Air Corp/De)

Waiver, Modification, Etc. No provision or term of this Amendment No. 5 may be modified, altered, waived, discharged or terminated orallyorally or by course of conduct, but only by an instrument in writing executed by the party against whom such modification, alteration, waiver, discharge or termination is sought to be enforced.

Appears in 1 contract

Samples: Credit Agreement (Eastman Kodak Co)

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