Common use of Waivers; Amendment; Joinder Agreements Clause in Contracts

Waivers; Amendment; Joinder Agreements. (a) No failure or delay on the part of any party hereto 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 parties hereto are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any party hereto in any case shall entitle such party to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be waived, amended or modified (other than pursuant to any Joinder Agreement) except pursuant to an agreement or agreements in writing entered into by each Authorized Representative, each Grantor and the Joint Collateral Agent; provided that no Company nor any other Grantor shall have any right to consent to or approve any amendment, modification or waiver of any provision of this Agreement except to the extent its respective rights or obligations hereunder are directly and adversely affected.

Waivers; Amendment; Joinder Agreements. (a) No failure or delay on the part of any party hereto 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 parties hereto are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this SectionSection 5.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any party hereto in any case shall entitle such party to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be terminated, waived, amended or modified (other than pursuant to any Joinder Agreement) except pursuant to an agreement or agreements in writing entered into by each Authorized RepresentativeRepresentative (and with respect to any such termination, each Grantor and waiver, amendment or modification which by the Joint Collateral Agent; provided that no Company nor terms of this Agreement requires the Issuers’ consent or which increases the obligations or reduces the rights of or otherwise materially adversely affects any Issuer or any other Grantor shall have any right to (which for avoidance of doubt includes Sections 2.04, 2.05, 2.08, 2.09, 2.10 or Article V hereof), with the consent to or approve any amendment, modification or waiver of any provision of this Agreement except to the extent its respective rights or obligations hereunder are directly and adversely affectedeach Issuer).

Waivers; Amendment; Joinder Agreements. (a) No failure or delay on the part of any party hereto 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 parties hereto are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any party hereto in any case shall entitle such party to any other or further notice or demand in similar or other circumstances. (b) Neither this Agreement nor any provision hereof may be terminated, waived, amended or modified (other than pursuant to any Joinder Agreement) except pursuant to an agreement or agreements in writing entered into by each Authorized RepresentativeCollateral Agent (and with respect to any such termination, each waiver, amendment or modification which (i) by the terms of this Agreement requires the Company’s or any other Grantor’s consent, (ii) directly affects any obligation or right of the Company or any Grantor and hereunder or under the Joint Collateral Agent; provided Security Documents or that no would impose any additional obligations on the Company nor or any other Grantor, or (iii) changes the rights of the Company or any other Grantor shall have to refinance any right to of the Obligations or which increases the obligations or reduces the rights of the Company or any other Grantor, with the consent to or approve any amendment, modification or waiver of any provision of this Agreement except to the extent its respective rights or obligations hereunder are directly and adversely affectedCompany and/or such other Grantor).