Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder in exercising any right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 Secured Parties hereunder and under the other Note Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.
Appears in 7 contracts
Samples: Collateral Agreement (FiberTower CORP), Collateral Agreement (FiberTower CORP), Indenture (FiberTower CORP)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder other Secured Party in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Administrative Agent, the L/C Issuers and the other Secured Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Guaranty Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guaranty Party in any case shall entitle the Borrower or any Guarantor Guaranty 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Guaranty Party or Guaranty Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 7 contracts
Samples: Guaranty (Aptalis Holdings Inc.), Guaranty (LVB Acquisition, Inc.), Guaranty (Primedia Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Issuing Banks or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 6 contracts
Samples: Guarantee and Collateral Agreement (Interline Brands, Inc./De), Guarantee and Collateral Agreement (Symbol Technologies Inc), Guarantee and Collateral Agreement (Interline Brands, Inc./De)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Guaranty Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guaranty Party in any case shall entitle the Borrower or any Guarantor Guaranty 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Guaranty Party or Guaranty Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 6 contracts
Samples: Parent Guaranty (Pinnacle Foods Inc.), Guaranty (ASC Acquisition LLC), u.s. Guaranty (WP Prism Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 6 contracts
Samples: Credit Agreement (OUTFRONT Media Inc.), Credit Agreement (Communications Sales & Leasing, Inc.), Credit Agreement (Outfront Media Minnesota LLC)
Waivers; Amendment. (a) No failure or delay by the Notes Collateral Agent, the Trustee Agent or any Holder Secured Party in exercising any right or power hereunder or under any other Note Notes Document shall operate as a waiver hereof or 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 Notes Collateral Agent and the Secured Parties hereunder and under the other Note Notes Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase issuance of a Note any Additional First Lien Debt shall not be construed as a waiver of any Default, regardless of whether the Notes Collateral Agent or any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither Subject to the terms of the Intercreditor Agreement and except as otherwise provided in the Indenture, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Notes Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the Indenture.
Appears in 6 contracts
Samples: Security Agreement (Freescale Semiconductor, Ltd.), Security Agreement (Freescale Semiconductor, Ltd.), Security Agreement (Freescale Semiconductor Holdings I, Ltd.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Party in any case shall entitle the Borrower or any Guarantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 6 contracts
Samples: Credit Agreement (J C Penney Co Inc), Guarantee and Collateral Agreement (J C Penney Co Inc), Credit Agreement (J C Penney Co Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 6 contracts
Samples: Credit Agreement (West Corp), Credit Agreement (West Customer Management Group, LLC), Pledge and Security Agreement (VPNet Technologies, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent, any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 6 contracts
Samples: Guarantee and Collateral Agreement (Terex Corp), Guarantee and Pledge Agreement (Cbre Group, Inc.), Guarantee and Collateral Agreement (Terex Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Agent or any Holder Lender in exercising any right right, power or power remedy hereunder or under any other Note Credit Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Secured Parties Collateral Agent and the Lenders hereunder and under the other Note Credit Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Credit Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Credit Party or Credit Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.8 of the IndentureCredit Agreement.
Appears in 6 contracts
Samples: Second Lien Credit and Guaranty Agreement (Lannett Co Inc), Pledge and Security Agreement (Lannett Co Inc), Credit and Guaranty Agreement (Lannett Co Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral any Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Document the Credit Agreement shall operate as a waiver hereof or 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 Secured Parties Agents, the Issuing Banks and the Lenders hereunder and under the other Note Documents Credit Agreement are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any Secured Party Agent, any Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Paying Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 5 contracts
Samples: Credit Agreement (Macy's, Inc.), Guarantee Agreement (Macy's, Inc.), Guarantee Agreement (Federated Department Stores Inc /De/)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder in exercising any right or power hereunder or under any other Note Document the Indenture or the Notes shall operate as a waiver hereof or 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 Secured Parties Trustee and the Holders hereunder and under the other Note Documents Indenture or the Notes are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guaranty Party in any case shall entitle the Borrower or any Guarantor Guaranty 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower Trustee and the Guarantors Guaranty Party or Guaranty Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.
Appears in 5 contracts
Samples: Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co), Guaranty (Kansas City Power & Light Co)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent, the Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 5 contracts
Samples: Guarantee and Pledge Agreement, Guarantee and Pledge Agreement (Cb Richard Ellis Group Inc), Credit Agreement (Cb Richard Ellis Group Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder in exercising any right or power hereunder or under any other Note Document the Indenture or the Notes shall operate as a waiver hereof or 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 Secured Parties Trustee and the Holders hereunder and under the other Note Documents Indenture or the Notes are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Guaranty or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guaranty Party in any case shall entitle the Borrower or any Guarantor Guaranty Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement Guaranty nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower Trustee and the Guarantors Guaranty Party or Guaranty Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.
Appears in 5 contracts
Samples: First Supplemental Indenture (Arris Group Inc), Guaranty (Arris Group Inc), Guaranty (Windstream Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Guaranty Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guaranty Party in any case shall entitle the Borrower or any Guarantor Guaranty 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.
Appears in 5 contracts
Samples: Credit Agreement, Revolving Credit Agreement (IASIS Healthcare LLC), Amendment and Restatement Agreement (Sabre Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 5 contracts
Samples: Credit Agreement (Team Health Holdings Inc.), Security Agreement (S.D. Shepherd Systems, Inc.), Security Agreement (Encore Medical, L.P.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 5 contracts
Samples: Credit Agreement (Team Health Holdings Inc.), Intellectual Property Security Agreement (Pinnacle Foods Finance LLC), Intellectual Property Security Agreement (Encore Medical, L.P.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 5 contracts
Samples: Credit Agreement (West Corp), Credit Agreement (West Customer Management Group, LLC), Guarantee Agreement (West Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.089.07, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, the Collateral Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 5 contracts
Samples: Term Facility Guarantee and Collateral Agreement, Term Loan Credit Agreement (Houghton Mifflin Harcourt Co), Term Facility Guarantee and Collateral Agreement (Houghton Mifflin Harcourt Co)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any other Agent, any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, any other Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party other Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Yum Brands Inc), Guaranty (Restaurant Brands International Limited Partnership), Guaranty (Burger King Worldwide, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder other Secured Party, in exercising any right or power hereunder or under any other Note Credit Document shall operate as a waiver hereof or 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 Collateral Agent, the Administrative Agent and the other Secured Parties hereunder and under the other Note Credit Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Foreign Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.07, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the acceptance and purchase of a Note B/A or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, the Administrative Agent, any Secured Party Lender or the Letter of Credit Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Foreign Guarantor or Foreign Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.11 of the IndentureCredit Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 4 contracts
Samples: Credit Agreement (West Corp), Credit Agreement (West Customer Management Group, LLC), Intellectual Property Security Agreement (West Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.8 of the IndentureCredit Agreement.
Appears in 4 contracts
Samples: Credit Agreement (Knoll Inc), Guarantee and Collateral Agreement (Daramic, LLC), Guarantee and Collateral Agreement (Polypore International, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase execution and delivery of this Agreement, the making of a Note Loan or issuance, amendment, renewal or extension of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.
Appears in 4 contracts
Samples: Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.), Credit Agreement (YETI Holdings, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder other Secured Party in exercising any right right, power or power remedy hereunder or under any other Note Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent and the other Secured Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any other Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.03 of the IndentureCredit Agreement.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (DENNY'S Corp), Guarantee and Collateral Agreement (Dennys Corp), Guarantee and Collateral Agreement (Dennys Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (Medley Management Inc.), Second Lien Credit Agreement (STR Holdings, Inc.), Second Lien Credit Agreement (STR Holdings LLC)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or Administrative Agent of any Holder kind in exercising any power, right or power remedy hereunder and no course of dealing between any Guarantor on the one hand the and Administrative Agent or under any holder of any Note on the other Note Document hand shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such power, right or powerremedy hereunder, under any other Loan Document or under any Hedging Document, or any abandonment or discontinuance of steps to enforce such a power, right or powerremedy, preclude any other or further exercise thereof or the exercise of any other power, right or powerremedy. The rights and remedies of the Administrative Agent hereunder and of the Secured Parties hereunder and under the other Note Loan Documents and the Hedging Documents, as applicable, are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, and then such waiver or and consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any such Guarantor 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 except pursuant to an a written agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and between the Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided in the Credit Agreement).
Appears in 4 contracts
Samples: Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co), Revolving Credit Agreement (Newmarket Corp), Senior Secured Revolving Credit Agreement (Kayne Anderson Energy Development Co)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any other Agent, any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, any other Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party other Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 4 contracts
Samples: Security Agreement (Heinz H J Co), Credit Agreement (Corporate Executive Board Co), Security Agreement (Epicor Software Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Guaranteed Party in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Administrative Agent and the Guaranteed Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Guaranty Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Secured Guaranteed Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Guaranty Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 4 contracts
Samples: Guaranty Agreement (Willis Towers Watson PLC), Guaranty Agreement, Guaranty Agreement (Willis Towers Watson PLC)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or any Holder Agent in exercising any power or right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent, the other Agents and the Lenders under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision provisions of this Agreement or any Note other Loan Document or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had No notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice to or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower such Grantor or any Guarantor other Grantor 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 except (i) pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to (A) any consent required in accordance with Article 10 Section 10.02 of the IndentureCredit Agreement and (B) to the limitations in the Intercreditor Agreement or (ii) as provided in the Intercreditor Agreement.
Appears in 4 contracts
Samples: Canadian Security Agreement (Pliant Corp), Domestic Security Agreement (Pliant Corp), Canadian Security Agreement (Pliant Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder Agent in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any other rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note any Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Collateral Agent or any other Secured Party may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither Subject to the Intercreditor Agreement, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.08 of the IndentureFirst Lien Credit Agreement.
Appears in 4 contracts
Samples: First Lien Term Loan Credit Agreement (BJ's Wholesale Club Holdings, Inc.), First Lien Term Loan Credit Agreement (BJ's Wholesale Club Holdings, Inc.), First Lien Term Loan Credit Agreement (BJ's Wholesale Club Holdings, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 11.01 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Pledge and Security Agreement, Amendment and Restatement Agreement (Sabre Corp), Pledge and Security Agreement (Sabre Corp)
Waivers; Amendment. (a) No failure or delay by on the Collateral Agent, the Trustee or part of any Holder party hereto in exercising any right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 Secured Parties hereunder and under the other Note Documents parties hereto are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor party hereto in any case shall entitle the Borrower or any Guarantor 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 except pursuant to an agreement or agreements in writing entered into by the each Collateral Agent (and any of the Borrower and the Guarantors with respect to which any such termination, waiver, amendment or modification is to applywhich by the terms of this Agreement requires any Borrower’s consent or which increases the obligations or reduces the rights of or otherwise materially adversely affects any Borrower or any other Grantor, subject to any with the consent required in accordance with Article 10 of the IndentureBorrowers).
Appears in 3 contracts
Samples: Intercreditor Agreement, Intercreditor Agreement (Elevate Credit, Inc.), Intercreditor Agreement
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Document Loan Document, shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Pledge and Security Agreement (Ebi, LLC), Pledge and Security Agreement (LVB Acquisition, Inc.), Pledge and Security Agreement (Biolectron, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08, of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Second Lien Guarantee and Collateral Agreement (STR Holdings (New) LLC), Second Lien Guarantee and Collateral Agreement (STR Holdings LLC), Second Lien Guarantee and Collateral Agreement (STR Holdings, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Parent Security Agreement (Pinnacle Foods Inc.), Security Agreement (Pinnacle Foods Finance LLC), Security Agreement (Freescale Semiconductor Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Agent or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Hawaiian Telcom Holdco, Inc.), Credit Agreement (Hawaiian Telcom Holdco, Inc.), Guarantee and Collateral Agreement (Allegiant Travel CO)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any Agent or any Holder Lender in exercising any right right, power or power remedy hereunder or under any other Note Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of each Agent and the Secured Parties Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party Agent or any Lender may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Holdings in any case shall entitle the Borrower or any Guarantor such person 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 except pursuant to an agreement or agreements in writing entered into by the Collateral each Agent and any of either the Borrower and the Guarantors or Holdings with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Claires Stores Inc), Guarantee and Collateral Agreement (Claires Stores Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral any Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Agents, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Without limiting the generality of the foregoing, the purchase execution and delivery of this Agreement, the making of a Note Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any Secured Party Agent, any Issuing Bank or any Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Verisign Inc/Ca), Credit Agreement (Verisign Inc/Ca), Guarantee Agreement (Verisign Inc/Ca)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Agent or any Holder other Senior Lender in exercising any right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 Secured Parties hereunder Collateral Agent and under the other Note Documents Senior Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by Parent, the Borrower Borrower, any other Intercompany Lender or any Guarantor other Intercompany Debtor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on Parent, the Borrower Borrower, any other Intercompany Lender or any Guarantor other Intercompany Debtor in any case shall entitle Parent, the Borrower Borrower, any other Intercompany Lender or any Guarantor other Intercompany Debtor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of Agent, Parent, the Borrower and the Guarantors Intercompany Lenders or Intercompany Debtors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.5 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp), Credit Agreement (Navistar International Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Administrative Agent, any other Lender or the Trustee or any Holder Issuing Banks in exercising any power or right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent hereunder and of the other Lenders and the Issuing Banks under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Guarantee Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any such Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Guarantee Agreement nor any provision hereof may be waived, amended or modified except pursuant to an a written agreement or agreements in writing entered into by between the Collateral Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to applyrelates, the Borrower and the Administrative Agent, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Guarantee Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc), Guarantee Agreement (Advance Auto Parts Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Ami Celebrity Publications, LLC), Guarantee and Collateral Agreement (Ami Celebrity Publications, LLC), Guarantee and Collateral Agreement (American Media Operations Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Issuing Bank or any Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Hess Midstream Partners LP), Revolving Credit Agreement (Hess Midstream Partners LP), Revolving Credit Agreement (Hess Midstream Partners LP)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer, any Lender or any Holder other Secured Party in exercising any right right, remedy, power or power privilege hereunder or under any other Note Secured Credit Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, remedy, power or power, privilege or any abandonment or discontinuance of steps to enforce such a right right, remedy, power or powerprivilege, preclude any other or further exercise thereof thereof, or the exercise of any other right right, remedy, power or powerprivilege. The rights rights, remedies, powers and remedies privileges of the Secured Parties hereunder and under the other Note Secured Credit Documents are cumulative and are not exclusive of any rights rights, remedies, powers or remedies privileges that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.
Appears in 3 contracts
Samples: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Osi Restaurant Partners, LLC)
Waivers; Amendment. (a) No course of dealing between the Pledgor and the Agent and no failure on the part of the Agent to exercise, and no delay in exercising, any right, power, or delay by the Collateral Agent, the Trustee or any Holder in exercising any right or power remedy hereunder or under any other Note Document shall operate as a waiver hereof of such right, power, or thereofremedy, nor shall any single or partial exercise of any such right right, power, or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power, or powerremedy. The rights rights, powers and remedies of the Secured Parties Agent hereunder and of the Lenders under the other Note Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have, whether under the Loan Documents, at law, in equity, or otherwise. No waiver of any provision of this Agreement or any Note other Loan Document or consent to any departure by the Borrower or any Guarantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Pledgor in any case shall entitle the Borrower Pledgor or any Guarantor other Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to applyPledgor, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Stock Pledge Agreement (Higher One Holdings, Inc.), Stock Pledge Agreement (Higher One Holdings, Inc.), Stock Pledge Agreement (Higher One Holdings, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: First Lien Guarantee and Collateral Agreement, First Lien Guarantee and Collateral Agreement (Jda Software Group Inc), Guarantee and Collateral Agreement (RedPrairie Holding, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any other Agent, or any Holder Senior Credit Party in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Administrative Agent, any other Agent, and the Senior Credit Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Guaranty Party therefrom shall in any event be effective unless the same shall be permitted by paragraph clause (b) of this Section 6.084.2, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured other Agent, or any Senior Credit Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guaranty Party in any case shall entitle the Borrower or any Guarantor Guaranty 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Guaranty Party or Guaranty Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Guaranty (Polymer Group Inc), Guaranty (Polymer Group Inc), Guaranty (Polymer Group Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or any Holder Administrative Agent in exercising any power or right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent hereunder and of the Collateral Agent and the Lenders under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any such Guarantor 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 except pursuant to an a written agreement or agreements in writing entered into by between the Collateral Agent and any of the Borrower and the Guarantors party hereto with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required in accordance with Article 10 of the IndentureRequired Lenders as required under the Credit Agreement.
Appears in 3 contracts
Samples: Guarantee and Subordination Agreement (Winstar Communications Inc), Credit Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder other Secured Party in exercising any right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 Administrative Agent, the L/C Issuers and the other Secured Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Pledge and Security Agreement (LVB Acquisition, Inc.), Pledge and Security Agreement (Primedia Inc), Pledge and Security Agreement (Biolectron, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Secured Party in exercising any right right, power or power remedy hereunder or under any other Note Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Administrative Agent and the Secured Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.06, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent or any Secured Party may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Guarantee Agreement (Hexion Inc.), Guarantee Agreement, Guarantee Agreement (Momentive Performance Materials Inc.)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or Administrative Agent of any Holder kind in exercising any power, right or power remedy hereunder or under and no course of dealing between any Guarantor on the one hand the and Administrative Agent on the other Note Document hand shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such power, right or powerremedy hereunder, under any other Loan Document, or any abandonment or discontinuance of steps to enforce such a power, right or powerremedy, preclude any other or further exercise thereof or the exercise of any other power, right or powerremedy. The rights and remedies of the Secured Parties Administrative Agent hereunder and under the other Note Documents Loan Documents, as applicable, are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, and then such waiver or and consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any such Guarantor 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 except pursuant to an a written agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and between the Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided in the Credit Agreement).
Appears in 3 contracts
Samples: Revolving Credit Agreement (International Speedway Corp), Subsidiary Guaranty Agreement (International Speedway Corp), Subsidiary Guaranty Agreement (International Speedway Corp)
Waivers; Amendment. (a) No failure or delay by the Notes Collateral Agent, the Trustee or any Holder Secured Party in exercising any right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 Notes Collateral Agent and the Secured Parties hereunder and under the other Note Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Notes Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.01 or 9.02 of the Indenture; it being understood and acknowledged that the consent of the Secured Parties shall not be required for any amendment or modification of this Agreement to add Additional First Lien Secured Parties to this Agreement as contemplated by Section 9.01 of the Indenture.
Appears in 3 contracts
Samples: Pledge and Security Agreement, Pledge and Security Agreement (Avaya Inc), Pledge and Security Agreement (Avaya Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, the Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Orbitz Worldwide, Inc.), Guaranty (ReAble Therapeutics Finance LLC)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any Agent or any Holder Lender in exercising any right right, power or power remedy hereunder or under any other Note Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of each Agent and the Secured Parties Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party Agent or any Lender may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral each Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Claires Stores Inc), Guarantee and Collateral Agreement (Claires Stores Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Cumulus Media Inc), Guarantee and Collateral Agreement (Cumulus Media Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent and the Lenders hereunder and under the other Note Documents Credit Agreement are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Guarantee Agreement (American Axle & Manufacturing Holdings Inc), Credit Agreement (American Axle & Manufacturing Holdings Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral AgentTrustee, the Trustee Second Lien Agent or any Holder in exercising any right or power hereunder or under any other Note Second Lien Document shall operate as a waiver hereof or 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 Secured Parties Trustee, the Second Lien Agent and the Holders hereunder and under the other Note Second Lien Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Second Lien Secured Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note Notes shall not be construed as a waiver of any Default, regardless of whether the Trustee, the Second Lien Agent or any Secured Party Holder may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower any Grantor or any Guarantor Second Lien Secured Party in any case shall entitle the Borrower any Grantor or any Guarantor Second Lien Secured 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Second Lien Agent and any of the Borrower and the Guarantors party hereto with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the Second Lien Note Indenture.
Appears in 2 contracts
Samples: Second Lien Security Agreement, Second Lien Security Agreement (DJO Finance LLC)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Team Health Holdings Inc.), Guarantee Agreement (Transcultural Health Develpment, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any other Agent, any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, any other Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party other Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent to the extent required in accordance with Article 10 by Section 10.01 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Wyndham Destinations, Inc.), Credit Agreement (W R Grace & Co)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom Grantor herefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of a Loan, the acceptance and purchase of a Note B/A or the issuance, amendment, renewal or extension of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Canadian Security Agreement (Indalex Holdings Finance Inc), Domestic Security Agreement (Indalex Holdings Finance Inc)
Waivers; Amendment. (a) No failure or delay by the Administrative Agent, the Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Orbitz Worldwide, Inc.), Security Agreement (ReAble Therapeutics Finance LLC)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any other Agent, any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the other Agents, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party other Agent, any Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Party in any case shall entitle the Borrower or any Guarantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (J C Penney Co Inc), Guarantee and Collateral Agreement (J C Penney Co Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Issuing Bank or any Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice to or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (CCE Spinco, Inc.), Guarantee and Collateral Agreement (Live Nation, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Facility Agent, the Trustee Collateral Agent or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Facility Agent, Collateral Agent, and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Guarantee or consent to any departure by the Borrower or any Guarantor Guarantee Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Facility Agent, the Collateral Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Guarantee Party in any case shall entitle the Borrower or any Guarantor Guarantee Party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement Guarantee nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Facility Agent and any of the Borrower and the Guarantors Guarantee Party or Guarantee Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section [12.02] of the IndentureFacility Agreement.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Equinix Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.08, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureSecond Lien Credit Agreement.
Appears in 2 contracts
Samples: First Lien Credit Agreement (Hawkeye Holdings, Inc.), Second Lien Credit Agreement (Hawkeye Holdings, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any Issuing Lender or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Lenders and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any Issuing Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.1 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (SunCoke Energy Partners, L.P.), Credit Agreement (SunCoke Energy, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Banks and the Lenders hereunder and under the other Note Documents Credit Agreement are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Guarantee Agreement (American Axle & Manufacturing Holdings Inc), Guarantee Agreement (American Axle & Manufacturing Holdings Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or Administrative Agent of any Holder kind in exercising any power, right or power remedy hereunder and no course of dealing between any Guarantor on the one hand and the Administrative Agent or under any holder of any Note on the other Note Document hand shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such power, right or powerremedy hereunder, or under any Loan Document, Hedging Document, or Treasury Document, or any abandonment or discontinuance of steps to enforce such a power, right or powerremedy, preclude any other or further exercise thereof or the exercise of any other power, right or powerremedy. The rights and remedies of the Secured Parties Administrative Agent hereunder and of the Guaranteed Parties under the other Note Loan Documents, the Hedging Documents and the Treasury Document, as applicable, are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, and then such waiver or and consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any such Guarantor 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 except pursuant to an a written agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and between the Guarantors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided in the Credit Agreement).
Appears in 2 contracts
Samples: Revolving Credit and Term Loan Agreement (Strayer Education Inc), Revolving Credit Agreement (Strayer Education Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, Agent or the Trustee or any Holder Secured Party in exercising any right or power hereunder or under any other the Loan Proceeds Note Document shall operate as a waiver hereof or 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 Collateral Agent and the Secured Parties Party hereunder and under the other Loan Proceeds Note Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any this Agreement or the Loan Proceeds Note Document or consent to any departure by the Borrower Grantor or any Guarantor the Secured Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower Grantor or any Guarantor the Secured Party in any case shall entitle the Borrower Grantor or any Guarantor the Secured Party, as the case may be, 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of Agent, the Borrower Grantor and the Guarantors Secured Party with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement, provided, however, the Grantor may amend Schedule 1 hereto add, but not delete, jurisdictions thereto by written notice to the Collateral Agent. Such notice shall constitute an amendment to Schedule 1 without further action by the Secured Party or the Collateral Agent.
Appears in 2 contracts
Samples: Loan Proceeds Note Collateral Agreement, Loan Proceeds Note and Collateral Agreement (Level 3 Communications Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder other Senior Lender in exercising any right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 Secured Parties hereunder Administrative Agent and under the other Note Documents Senior Lenders hereunder are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower any Intercompany Lender or any Guarantor Intercompany Debtor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower any Intercompany Lender or any Guarantor Intercompany Debtor in any case shall entitle the Borrower any Intercompany Lender or any Guarantor Intercompany Debtor to any other or further notice or demand in similar or other circumstances.
(ba) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of Administrative Agent, the Borrower and the Guarantors Intercompany Lenders or Intercompany Debtors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.5 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: First Lien Credit and Guaranty Agreement (Fusion Connect, Inc.), Second Lien Credit and Guaranty Agreement (Fusion Connect, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Agent or any Holder Secured Party in exercising any right right, power or power remedy hereunder or under any other Note Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Collateral Agent and the Secured Parties hereunder and under the other Note Documents Loan Document are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.08, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Collateral Agent or any Secured Party Lender may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 the terms of the IndentureIntercreditor Agreement and Section 10.01 of the Term Credit Agreement.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Noranda Aluminum Holding CORP), Credit Agreement (Noranda Aluminum Holding CORP)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any other Agent, any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, any other Agent, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party other Agent, any Lender or any Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Lmi Aerospace Inc), Credit Agreement (Lmi Aerospace Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.10, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Clearlake Capital Partners, LLC), Guarantee and Collateral Agreement (Goamerica Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee Administrative Agent, any L/C Issuer, any Cash Management Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Administrative Agent, the L/C Issuers, the Cash Management Banks and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, the Administrative Agent, any Secured Party Lender, any Cash Management Bank or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.
Appears in 2 contracts
Samples: Credit Agreement (CC Media Holdings Inc), Credit Agreement (Clear Channel Communications Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Guarantee Agreement (Usg Corp), Guarantee Agreement (Usg Corp)
Waivers; Amendment. (a) No failure or delay by of the Administrative Agents, the Collateral AgentAgents, the Trustee any Lender or any Holder Issuing Bank in exercising any power or right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agents, the Collateral Agents, the Issuing Banks and the Lenders hereunder and under the other Note Loan Documents 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 any Note other Loan Document or consent to any departure by the Borrower Borrowers or any Guarantor other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the a Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor Borrowers 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.103 97
Appears in 2 contracts
Samples: Credit Agreement (Oil States International Inc), Credit Agreement (Oil States International Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder Agent in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any other rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Collateral Agent or any other Secured Party may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither Subject to the ABL Intercreditor Agreement, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Security Agreement (Chinos Holdings, Inc.), Security Agreement (J Crew Group Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Second Lien Guarantee and Collateral Agreement (Jda Software Group Inc), Second Lien Guarantee and Collateral Agreement (RedPrairie Holding, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Usg Corp), Guarantee Agreement (Usg Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder Secured Party of any kind in exercising any power or right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 Secured Parties hereunder and of the Lenders under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Pledge Agreement or consent to any departure by the Borrower or any Guarantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph subsection (b) of this Section 6.08below, and then such waiver or and consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Pledgor in any case shall entitle the Borrower or any Guarantor such Pledgor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Pledge Agreement nor any provision hereof may be waived, amended or modified except pursuant to an a written agreement or agreements in writing entered into by between the Collateral Agent and any of the Borrower and the Guarantors Pledgors with respect to which such waiver, amendment or modification is to applyrelates and the Administrative Agent, subject to any with the prior written consent required in accordance with Article 10 of the IndentureRequired Lenders (except as otherwise provided below and in the Credit Agreement).
(c) Notwithstanding an contrary provision herein the Administrative Agent may (but shall not be required to) waive any notice requirement herein.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Heico Corp), Revolving Credit Agreement (Heico Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder other Guaranteed Party in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Administrative Agent and the other Guaranteed Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. Without limiting the generality of the foregoing, the purchase execution and delivery of this Agreement or the Facility Agreement or the making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Secured other Guaranteed Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureFacility Agreement.
Appears in 2 contracts
Samples: Guarantee Agreement (Amcor PLC), Guarantee Agreement (Amcor PLC)
Waivers; Amendment. (a) a. No failure or delay by the Collateral Agent, the Trustee or of any Holder Secured Party in exercising any power or right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 any Secured Parties Party hereunder and under the other Note Documents Purchase Agreement and the Notes are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any such Guarantor to any other or further notice or demand in similar or other circumstances.
(b) b. Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an a written agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and between the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to relates and the Required Holders; provided that any consent required in accordance with Article 10 Guarantor shall be released from this Guaranty upon satisfaction of the Indenturerequirements set forth in Section 9.8(b) of the Note Purchase Agreement with respect to such Guarantor.
Appears in 2 contracts
Samples: Note Purchase Agreement (Woodward Governor Co), Note Purchase Agreement (Woodward Governor Co)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the L/C Issuer and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Mac-Gray Corp), Guarantee and Collateral Agreement (Mac-Gray Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right right, power or power remedy hereunder or under any other Note Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Secured Parties Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph clause (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent or any Secured Party Lender may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent or direction required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Oscar Health, Inc.), Credit Agreement (Oscar Health, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right right, remedy, power or power privilege hereunder or under any other Note Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, remedy, power or powerprivilege, or any abandonment or discontinuance of steps to enforce such a right right, remedy, power or powerprivilege, preclude any other or further exercise thereof or the exercise of any other right right, remedy, power or powerprivilege. The rights rights, remedies, powers and remedies privileges of the Secured Parties Collateral Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the Indenture.
Appears in 2 contracts
Samples: Credit Agreement (Bloomin' Brands, Inc.), Credit Agreement (Osi Restaurant Partners, LLC)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Agent or any Holder other Secured Party in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Collateral Agent, the Administrative Agent and the other Purchase Money Secured Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Purchase Money Lender or any other Person may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Purchase Money Loan Guarantee and Collateral Agreement (Sirius Xm Radio Inc.), Purchase Money Loan Guarantee and Collateral Agreement (Sirius Xm Radio Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Guarantee and Collateral Agreement (Sportsmans Warehouse Holdings Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Agent or any Holder Secured Party in exercising any right right, power or power remedy hereunder or under any other Note Indenture Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Trustee, Collateral Agent and the Secured Parties hereunder and under the other Note Indenture Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.089.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor the Intercreditor Agreements or any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required the limitations in accordance with Article 10 of the IndentureIndenture and the Intercreditor Agreements or as otherwise provided in the Indenture or the Intercreditor Agreements.
Appears in 2 contracts
Samples: Collateral Agreement (Kerr Group Inc), Collateral Agreement (Berry Plastics Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, the Administrative Agent or any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: First Lien Guarantee and Collateral Agreement (Pacific Energy Resources LTD), Second Lien Guarantee and Collateral Agreement (Pacific Energy Resources LTD)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any Lender or any Holder other Secured Party in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Administrative Agent, the Lenders and any other Secured Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Lender or any other Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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, restated, amended and restated or otherwise modified except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Second Lien Guarantee Agreement (Franchise Group, Inc.), Second Lien Guarantee Agreement (Franchise Group, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder Secured Party in exercising any right right, power or power remedy hereunder or under any other Note Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Secured Parties hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.086.10, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether any Secured Party may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantor or Guarantors with respect to which such waiver, amendment or modification is to applyeffected thereby, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Guarantee and Pledge Agreement (BCP Crystal Holdings Ltd. 2), Guarantee and Pledge Agreement (Celanese CORP)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, any L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.085.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Grantor in any case shall entitle the Borrower or any Guarantor Grantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Time Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, Agent or the Trustee or any Holder Secured Party in exercising any right or power hereunder or under any other the Loan Proceeds Note Document shall operate as a waiver hereof or 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 Collateral Agent and the Secured Parties Party hereunder and under the other Loan Proceeds Note Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any this Agreement or the Loan Proceeds Note Document or consent to any departure by the Borrower Grantor or any Guarantor the Secured Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower Grantor or any Guarantor the Secured Party in any case shall entitle the Borrower Grantor or any Guarantor the Secured Party, as the case may be, 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of Agent, the Borrower Grantor and the Guarantors Secured Party with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement, provided, however, the Grantor may amend Schedule 1 hereto by adding, but not deleting, jurisdictions thereto by written notice to the Collateral Agent. Such notice shall constitute an amendment to Schedule 1 without further action by the Secured Party or the Collateral Agent.
Appears in 2 contracts
Samples: Loan Proceeds Note (Level 3 Communications Inc), Loan Proceeds Note (Level 3 Communications Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent, the Trustee or any Holder Lender in exercising any power or right or power hereunder or under any other Note Document shall operate as a waiver hereof or 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 Secured Parties Lender hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision of this Agreement or any Note other Loan Document or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase of a Note shall not be construed as a waiver of any Default, regardless of whether any Secured Party may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor to any other or further notice or demand in similar or other circumstances. Each holder of any of the Notes shall be bound by any amendment, modification, waiver or consent authorized as provided herein, whether or not such Note shall have been marked to indicate such amendment, modification, waiver or consent.
(b) Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 of the IndentureLender.
Appears in 2 contracts
Samples: Credit Agreement (Birner Dental Management Services Inc), Credit Agreement (Colorado Medtech Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, the Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.08Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or the Issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Marathon Power Technologies Co), Guarantee and Collateral Agreement (Diagnostic Pathology Management Services Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee any Issuing Bank or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Collateral Agent, each Issuing Bank and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent, any Secured Party Lender or any issuing Bank may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Collateral and Guarantee Agreement (Encompass Health Corp), Collateral and Guarantee Agreement (Healthsouth Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Lender hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they it would otherwise have. No waiver of any provision of any Note Loan Document or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.0810.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default, regardless of whether any Secured Party Lender may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement nor any other Loan Document nor any provision hereof or thereof may be waived, amended amended, supplemented or modified except except, in the case of this Agreement and any other Loan Document, pursuant to an agreement or agreements in writing entered into by the Collateral Agent and any of the Borrower Lender and the Guarantors with respect to which such waiver, amendment Loan Party or modification is to apply, subject to any consent required in accordance with Article 10 of the IndentureLoan Parties that are parties thereto.
Appears in 2 contracts
Samples: Credit Agreement (Kemet Corp), Credit Agreement (Kemet Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent, the Trustee Administrative Agent or any Holder Lender in exercising any right right, power or power remedy hereunder or under any other Note Loan Document shall operate as a waiver hereof or thereof, nor shall any single or partial exercise of any such right right, power or powerremedy, or any abandonment or discontinuance of steps to enforce such a right right, power or powerremedy, preclude any other or further exercise thereof or the exercise of any other right right, power or powerremedy. The rights rights, powers and remedies of the Secured Parties Administrative Agent and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights rights, powers or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.087.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent or any Secured Party Lender may have had notice or knowledge of such Default or Event of Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.08 of the IndentureTerm Loan Agreement.
Appears in 2 contracts
Samples: Term Loan Agreement (Realogy Group LLC), Guarantee and Collateral Agreement (Realogy Group LLC)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any other Agent, any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Loan Document shall operate as a waiver hereof or 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 Secured Parties Administrative Agent, any other Agent, the L/C Issuers and the Lenders hereunder and under the other Note Loan Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party other Agent, any Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor in any case shall entitle the Borrower or any Guarantor 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors with respect to which such waiver, amendment or modification is to apply, subject to any consent to the extent required in accordance with Article 10 by Section 10.01 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Wyndham Destinations, Inc.), Credit Agreement (Wyndham Destinations, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent, the Trustee any L/C Issuer or any Holder Lender in exercising any right or power hereunder or under any other Note Secured Credit Document shall operate as a waiver hereof or 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 Secured Parties hereunder and under the other Note Secured Credit Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of any Note Document this Agreement or consent to any departure by the Borrower or any Guarantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 6.084.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the purchase making of a Note Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent, any Secured Party Lender or any L/C Issuer may have had notice or knowledge of such Default at the time. Except as otherwise provided herein, no No notice or demand on the Borrower or any Guarantor Loan Party in any case shall entitle the Borrower or any Guarantor Loan 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 except pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and any of the Borrower and the Guarantors Loan Party or Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 10 Section 10.01 of the IndentureCredit Agreement.
Appears in 1 contract
