Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and under the Indenture are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the Indenture.
Appears in 6 contracts
Samples: Pledge and Security Agreement (Sabre Corp), Pledge and Security Agreement, Pledge and Security Agreement (Sabre Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement.
Appears in 5 contracts
Samples: u.s. Security Agreement (1295728 Alberta ULC), Security Agreement (MTS Inc), Security Agreement (Marketing Services Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party Lender in exercising any power or right or power hereunder or under the Indenture any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party Lender hereunder and under the Indenture other 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 this Agreement or any other Loan Document or consent to any departure by the Borrower or any Grantor other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor the Borrower in any case shall entitle any Grantor the Borrower 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 Borrower and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the IndentureLender.
Appears in 5 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party Purchaser in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party Purchaser hereunder and of the Purchaser under the Indenture Purchase Agreement and other Transaction Documents are cumulative and are not exclusive of any rights or remedies that they it would otherwise have. No waiver of any provision provisions of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent Purchaser and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the Indentureeach affected Grantor.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement, Guarantee and Collateral Agreement, Guarantee and Collateral Agreement (AxoGen, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent or any other Secured Party Lender in exercising any right right, power or power remedy hereunder or under the Indenture any other Loan Document shall operate as a waiver 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 Administrative Agent and any other Secured Party the Lenders hereunder and under the Indenture other 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 this Agreement or consent to any departure by any Grantor Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.027.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any 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 the Grantor Loan Party or Grantors Loan Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.08 of the IndentureCredit Agreement.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (AZEK Co Inc.), Term Loan Guarantee and Collateral Agreement (AZEK Co Inc.), Abl Guarantee and Collateral Agreement (CPG Newco LLC)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent Trustee or any other Secured Party Holder in exercising any right or power hereunder or under the Indenture or the Notes shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Trustee and any other Secured Party the Holders hereunder and under the 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 this Agreement or consent to any departure by any Grantor the Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.024.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Guaranty Party in any case shall entitle any Grantor 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 Trustee and the Grantor Guaranty Party or Grantors Guaranty Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 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 of the Collateral Administrative Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent and any of the other Secured Party Parties hereunder and under the Indenture other 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 of this Guaranty or any other Loan Document or consent to any departure by any Grantor Facility Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case Facility Guarantor shall entitle any Grantor Facility Guarantor or any other Loan Party to any other or further notice or demand in the same, similar or other circumstances.
(b) Neither this Agreement Guaranty 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 Agents and the Grantor Facility Guarantor or Grantors Facility Guarantors with respect to which whom such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement.
Appears in 4 contracts
Samples: Guaranty (Music123, Inc.), Guaranty (Music123, Inc.), Guaranty (COHOES FASHIONS of CRANSTON, Inc.)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent, the other Agents and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 the 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 9 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), Domestic Security Agreement (Pliant Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party Holder in exercising any right right, power or power remedy hereunder or under the Indenture any other Noteholder Document shall operate as a waiver 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 any other Secured Party the Holders hereunder and under the Indenture other Noteholder 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 this Agreement or consent to any departure by any Grantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.025.09, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Pledgor in any case shall entitle any Grantor Pledgor 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 the Grantor Pledgor or Grantors Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the IndentureIndenture and the Intercreditor Agreements.
Appears in 4 contracts
Samples: Collateral Agreement, Collateral Agreement (Claires Stores Inc), Senior Secured First Lien Notes Indenture (Claires Stores Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party Creditors hereunder and of the Secured Creditors under the Indenture Credit Agreement and other 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 consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and each affected Grantor; provided that any provision of this Agreement imposing obligations on any Grantor may be waived by the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required Agent in a written instrument executed by the Agent in accordance with Article 9 Section 10.1 of the IndentureCredit Agreement.
Appears in 4 contracts
Samples: Guarantee and Collateral Agreement (CareView Communications Inc), Security Agreement (Avinger Inc), Security Agreement (Avinger Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Administrative Agent, the Issuing Bank and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement.
Appears in 4 contracts
Samples: Security Agreement (Semiconductor Components Industries LLC), Security Agreement (Psinet Inc), Security Agreement (Semiconductor Components Industries LLC)
Waivers; Amendment. (a) No failure or delay by of the Collateral Administrative Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agent hereunder and of the Collateral Agent and any other Secured Party hereunder and the Lenders under the Indenture other 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 consent to any departure by the Borrower or any Grantor Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on the Borrower or any Grantor Guarantor in any case shall entitle the Borrower or any Grantor 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 the Grantor or Grantors 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 9 of the IndentureRequired Lenders as required under the Credit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc), Guarantee and Subordination Agreement (Winstar Communications Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Trustee and the Secured Parties under the Indenture other Transaction 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 other Transaction Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 10 of the Indenture.
Appears in 3 contracts
Samples: Security Agreement (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc), Indenture (Memc Electronic Materials Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the New Secured Parties, under the Indenture New Debenture 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 New Debentures Document or consent to any departure by any Grantor the Grantors therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor the Grantors in any case shall entitle any Grantor the Grantors 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the Indenture.
Appears in 3 contracts
Samples: Security Agreement (Kruttschnitt Theodore H Iii), Securities Purchase Agreement (Exchange Applications Inc), Security Agreement (Insight Venture Partners Iv Lp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Agents, the Issuing Bank and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Hechinger Co), Credit Agreement (Hechinger Co), Credit Agreement (Hechinger Co)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Trustee and the Holders under the Indenture other Security Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision provisions of this Agreement or any other Security Document or consent to any departure by any the Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any the Grantor in any case shall entitle any the 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the Indenture.
Appears in 3 contracts
Samples: Security Agreement (Winstar Communications Inc), Security Agreement (Winstar Communications Inc), Security Agreement (MGC Communications Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of the Collateral Agent, the Administrative Agent, the Letter of Credit Issuer and the other Secured Party hereunder and Parties under the Indenture other Credit 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 other Credit Document or consent to any departure by any Grantor Holdings or the US Borrower therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor Holdings or the US Borrower in any case shall entitle any Grantor Holdings or the US Borrower 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 Agent, Holdings and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyUS Borrower, subject to any consent required in accordance with Article 9 Section 10.11 of the IndentureCredit Agreement.
Appears in 3 contracts
Samples: Credit Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc), Us Collateral Assignment (Compass Minerals International Inc)
Waivers; Amendment. (a) No failure or delay by on the Collateral Agent or any other part of the Secured Party in exercising any right right, power or power remedy hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right right, power or power, remedy or any abandonment or discontinuance of steps to enforce any 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 All rights, powers and remedies of the Collateral Agent and any other Secured Party hereunder and under the Indenture other Related Documents are cumulative and are not exclusive of any rights other rights, powers and remedies provided by applicable law or remedies that they would otherwise haveotherwise. No waiver of any provision of this Security Agreement or any other Related Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any other Grantor to any other or further notice or demand in similar or other circumstances.
(ba) Neither this Security 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 Secured Party and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.01 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Security and Pledge Agreement (Luminent Mortgage Capital Inc), Security and Pledge Agreement (Luminent Mortgage Capital Inc)
Waivers; Amendment. (a) No failure or on the part of the Security Agent to exercise and no delay by the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Security Agent and any the other Secured Party Parties hereunder and under the Indenture other 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 other Loan Document or consent to any departure by any Grantor the Grantors therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Security Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyGrantors, subject to any consent required in accordance with Article 9 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Security Agreement (Sunpower Corp), Revolving Credit Agreement (Sunpower Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Administrative Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and any of the other Secured Party hereunder and Parties under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle any such 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 a written agreement or agreements in writing entered into by between the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Security Agreement (Jupitermedia Corp), Security Agreement (Jupitermedia Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Administrative Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party Parties hereunder and of the Secured Parties under the Indenture Credit Agreement and other 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 consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and each affected Grantor; provided, that any provision of this Agreement imposing obligations on any Grantor may be waived by the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required Administrative Agent in a written instrument executed by the Administrative Agent in accordance with Article 9 Section 10.1 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Second Lien Guarantee and Collateral Agreement (Spanish Broadcasting System Inc), First Lien Guarantee and Collateral Agreement (Spanish Broadcasting System Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of the other Secured Party hereunder and Parties under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Collateral Sharing Agreement (Crown Cork & Seal Co Inc), Security Agreement (Crown Cork & Seal Co Inc)
Waivers; Amendment. (a) No failure or delay by the Notes Collateral Agent or any other Secured Party Lender in exercising any right or power hereunder or under the Indenture any other Note Document shall operate as a waiver thereof, 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 any the other Secured Party Parties hereunder and under the Indenture 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 this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.025.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the Indenture.
Appears in 2 contracts
Samples: Security Agreement (Dell Technologies Inc), Base Indenture (Denali Holding Inc.)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent and the Fund Guarantors under the Indenture other Reimbursement 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 other Reimbursement Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 8.09 of the IndentureReimbursement Agreement.
Appears in 2 contracts
Samples: Security Agreement (Memc Electronic Materials Inc), Reimbursement Agreement (Memc Electronic Materials Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent Agent, the Trustee or any other Secured Party Holder in exercising any right or power hereunder or under the any other Indenture Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Agent, the Trustee and any other Secured Party the Holders hereunder and under the other Indenture 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 consent to any departure by any Grantor Indenture Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.026.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Indenture Party in any case shall entitle any Grantor Indenture 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 in accordance with the Indenture, pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor Indenture Party or Grantors Indenture Parties with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the Indenture.
Appears in 2 contracts
Samples: Collateral Agreement (International Wire Group Inc), Collateral Agreement (International Wire Rome Operations, Inc.)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Security Agreement (Telemundo Holding Inc), Security Agreement (Telemundo Holding Inc)
Waivers; Amendment. (a) No failure or delay by of the ------------------ Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Ixl Enterprises Inc), Security Agreement (Kansas City Southern Industries Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent, the other Agents and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Canadian Security Agreement (Pliant Corp), Domestic Security Agreement (Pliant Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the Indenture other Credit 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 other Credit Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph clause (b) of this Section 7.02), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Security Agreement (Century Maintenance Supply Inc), Security Agreement (Hudson Respiratory Care Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement or any Intercreditor Agreement.
Appears in 2 contracts
Samples: Security Agreement (Advance Auto Parts Inc), Security Agreement (Advance Auto Parts Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of the other Secured Party hereunder and Parties under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Collateral Sharing Agreement (Constar International Inc), Collateral Sharing Agreement (Constar Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the Collateral Agent or any other Secured Party hereunder and under the other Indenture 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 other Indenture Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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) in accordance with the Indenture and pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the 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 9 of the IndentureIntercreditor Agreement or (ii) as provided in the Intercreditor Agreement.
Appears in 2 contracts
Samples: Security Agreement (Pliant Corp), Canadian Security Agreement (Pliant Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Fronting Banks, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Shared Technologies Inc), Security Agreement (Shared Technologies Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Administrative Agent or any other Secured Party Lender in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent and or any Lender hereunder or under the Credit Agreement or any other Secured Party hereunder and under the Indenture Loan Document 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 other Loan Document or consent to any departure by any Grantor Subsidiary Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Subsidiary Guarantor in any case shall entitle any Grantor such Subsidiary 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 the Grantor or Grantors with respect Subsidiary Guarantors to which such waiver, amendment or modification is to apply, subject to any relates and the Administrative Agent (with the prior written consent required in accordance with Article 9 of the IndentureLenders or the Required Lenders if required under the Credit Agreement).
Appears in 2 contracts
Samples: Five Year Credit Agreement (Edwards Lifesciences Corp), Credit Agreement (Edwards Lifesciences Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party Agents in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Agents hereunder and of the Agents and the Lenders under the Credit Agreement or any other Secured Party hereunder and under the Indenture Credit Document, 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 Consent, Waiver and Amendment or consent to any departure by any Grantor party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor party hereto in any case shall entitle any Grantor such party to any other or further notice or demand in similar or other circumstances.
(b) Neither this Agreement Consent, Waiver and Amendment 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 parties hereto. [Remainder of the Indenturepage left blank intentionally; signatures follow.]
Appears in 2 contracts
Samples: Third Amendment (Trico Marine Services Inc), Consent, Waiver and Fourth Amendment (Trico Marine Services Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of the Collateral Agent and the other Secured Party hereunder and Parties under the Indenture other Support Documents and the Secured Instruments 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 consent to any departure by any Grantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Pledgor in any case shall entitle any Grantor such Pledgor 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 the Grantor Pledgor or Grantors Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 11.02 of the IndentureCollateral Agency and Intercreditor Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Leap Wireless International Inc), Borrower Pledge Agreement (Leap Wireless International Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any the Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any the Grantor in any case shall entitle the Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyGrantor, subject to any consent required in accordance with Article 9 Section 9.08 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Tel Save Holdings Inc), Security Agreement (Tel Save Holdings Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party Creditors hereunder and of the Secured Creditors under the Indenture Credit Agreements and other 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 consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and each affected Grantor; provided, that any provision of this Agreement imposing obligations on any Grantor may be waived by the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required Agent in a written instrument executed by the Agent in accordance with Article 9 Section 10.1 of the IndentureCredit Agreements.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Earth Biofuels Inc), Credit Agreement (Earth Biofuels Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and under the Indenture are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.026.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the Indenture.
Appears in 2 contracts
Samples: Pledge and Security Agreement (Sabre Corp), Pledge and Security Agreement (Sabre Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right or power hereunder or under the Indenture any other Additional First-Lien Security 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 any other Secured Party hereunder and under the Indenture other Additional First-Lien Security 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 any Additional First-Lien Security Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.027.07, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No Except as otherwise provided herein, no notice or demand on any Grantor in any case shall entitle any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 2.04(b) of the Indenturelntercreditor Agreement.
Appears in 2 contracts
Samples: Collateral Agreement, Collateral Agreement (Univision Holdings, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right or power hereunder or under the Indenture any other Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any the other Secured Party Parties hereunder and under the Indenture other Credit 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 consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.026.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.5 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: Security Agreement (GWG Holdings, Inc.), Security Agreement (GWG Holdings, Inc.)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of the other Secured Party hereunder and Parties under the other Indenture 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 other Indenture Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyrelates, subject to any consent required in accordance with Article 9 of the Indenture.
Appears in 2 contracts
Samples: Security Agreement (DT Credit Company, LLC), Security Agreement (Seagate Technology)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.02 of the IndentureRevolving Credit Agreement.
Appears in 2 contracts
Samples: Security Agreement (Memc Electronic Materials Inc), Revolving Credit Agreement (Memc Electronic Materials Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Trustee and the Holders under the other Indenture 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 other Indenture Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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) in accordance with the Indenture pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required or (ii) as otherwise provided in accordance with Article 9 of the IndentureIntercreditor Agreement.
Appears in 2 contracts
Samples: Security Agreement (On Semiconductor Corp), Security Agreement (Reptron Electronics Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of the Collateral Agent, the Trustee, the Holders and the other Secured Party hereunder and Parties under the Indenture other Note 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 other Note Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 IX of the Indenture.
Appears in 2 contracts
Samples: Security Agreement (Great Atlantic & Pacific Tea Co Inc), Security Agreement (Great Atlantic & Pacific Tea Co Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral ------------------ Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of the Collateral Agent and the other Secured Party hereunder and Parties under the Indenture other Support 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 consent to any departure by any Grantor the Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor the Guarantor in any case shall entitle any Grantor the 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 Guarantor and the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyAgent, subject to any consent consents required in accordance with Article 9 Section 11.02 of the IndentureCollateral Agency and Intercreditor Agreement.
Appears in 2 contracts
Samples: Credit Agreement (Leap Wireless International Inc), Credit Agreement (Leap Wireless International Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Administrative Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and any of the other Secured Party hereunder and Parties under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyrelates, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement.
Appears in 2 contracts
Samples: u.s. Security Agreement (Seagate Technology PLC), Security Agreement (Seagate Technology)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of other Secured Party hereunder and Parties under the Indenture 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle any such 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 between any Grantor and the Collateral Agent, with the prior written consent of the Required Secured Parties; PROVIDED, HOWEVER, that except as provided herein or in the other Loan Documents, no such agreement shall amend, modify, waive or otherwise affect the rights or duties of the Collateral Agent and hereunder without the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any prior written consent required in accordance with Article 9 of the IndentureCollateral Agent.
Appears in 2 contracts
Samples: Intellectual Property Security Agreement (Ucar International Inc), Intellectual Property Security Agreement (Ucar International Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of other Secured Party hereunder and Parties under the Indenture 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle any such 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 between any Grantor and the Collateral Agent, with the prior written consent of the Required Lenders or without such consent if so provided in the Credit Agreement; provided, however, that except as provided herein or in the other Loan Documents, no such agreement shall amend, modify, waive or otherwise affect the rights or duties of the Collateral Agent and hereunder without the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any prior written consent required in accordance with Article 9 of the IndentureCollateral Agent.
Appears in 2 contracts
Samples: Intellectual Property Security Agreement (GrafTech Holdings Inc.), Intellectual Property Security Agreement (Graftech International LTD)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of the other Secured Party hereunder and Parties under the Indenture other 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 other Loan Document or consent to any departure by any Grantor the Assignor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor the Assignor in any case shall entitle any Grantor the Assignor 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 Assignor and the Agent, with the prior written consent of the Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 holders of the IndentureNotes; provided, however, that except as provided herein or in the other Loan Documents, no such agreement shall amend, modify, waive or otherwise adversely affect a Secured Party's rights and interests in any material amount of the Collateral without the prior written consent of such Secured Party.
Appears in 2 contracts
Samples: Security Agreement (Americold Corp /Or/), Security Agreement (Americold Corp /Or/)
Waivers; Amendment. (a) No failure or delay by the Collateral Administrative Agent or any other Secured Party Lender in exercising any right or power hereunder or under the Indenture any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent and any other Secured Party the Lenders hereunder and under the Indenture other 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 consent to any departure by any Grantor Holdings or the Borrower therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.025.02, 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 shall not be construed as a waiver of any Default, regardless of whether the Administrative Agent or any Lender may have had notice or knowledge of such Default at the time. No notice or demand on any Grantor Holdings or the Borrower in any case shall entitle any Grantor Holdings or the Borrower 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 Administrative Agent, Holdings and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyBorrower, subject to any consent required in accordance with Article 9 Section 8.08 of the IndentureTerm Loan Agreement.
Appears in 2 contracts
Samples: Collateral Agreement (Silver Lake Investors Lp), Collateral Agreement (H&f Investors Iv LLC)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right or power hereunder or under the Indenture any other Notes Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and under the Indenture other Notes 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 consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.025.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the Indenture.
Appears in 1 contract
Samples: Intellectual Property Security Agreement (West Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Banks, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to 26 or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any with the prior written consent required in accordance with Article 9 of the IndentureRequired Lenders (except as otherwise provided in the Credit Agreement).
Appears in 1 contract
Samples: Security Agreement (Ryder TRS Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party Parties in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party Parties hereunder and under the Indenture other 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 Security Agreement or any other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any such Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Security 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 by, between or among the Collateral Administrative Agent and the Grantor or Grantors other parties hereto with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the Indenture.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which giveniven. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 11.02 of the IndentureRevolving Credit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by the Collateral Agent of any Purchaser or any other Secured Party holder of Notes in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party Initial Purchaser hereunder and of the other Purchasers and holders of Notes under the Indenture 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 this Agreement or consent to any departure by any Grantor the Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor the Guarantor in any case shall entitle any Grantor the 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 Guarantor and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required Majority Holders (except as otherwise provided in accordance with Article 9 of the IndentureNote Purchase Agreement).
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Banks, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to with any consent required in accordance with Article 9 under Section 9.02 of the IndentureCredit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.08 of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Credit Agreement (LTV Corp)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Credit Agreement Secured Party in exercising any right or power hereunder or under the Indenture any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other the Credit Agreement Secured Party Parties hereunder and under the Indenture other 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 consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.026.02, 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 shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent or any Credit Agreement Secured Party may have had notice or knowledge of such Default at the time. No notice or demand on any Grantor in any case shall entitle any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the Indenture.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Note Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Note Collateral Agent and any other Secured Party hereunder and of the Note Secured Parties under the Indenture Financing Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have, and no exercise of any rights hereunder by the Note Collateral Agent shall limit any rights available to the Note Secured Parties, or any obligations of the Grantors, pursuant to any other Financing Document. No waiver of any provision provisions of this Agreement or any Financing Document or consent to any departure by any Grantor the Grantors therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor the Grantors in any case shall entitle any Grantor the Grantors 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 Note Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the Indenture.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party Lender in exercising any power or right or power hereunder or under the Indenture any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party Lender hereunder and under the Indenture other 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 other Loan Document or consent to any departure by the Borrower or any Grantor other Loan Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor the Borrower in any case shall entitle any Grantor the Borrower 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 Borrower and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the IndentureLender.
Appears in 1 contract
Samples: Credit Agreement (Ener1 Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent Administrative Agent, any other Credit Party or any other Secured Party Guarantor in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and Administrative Agent, any other Secured Credit Party or any Guarantor hereunder and under the Indenture other 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 consent to any departure by the Company or any Grantor other Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on the Company or any Grantor other Guarantor in any case shall entitle any Grantor the Company or 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 among the Collateral Agent and Company, the Grantor Guarantor or Grantors 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 9 of the IndentureRequired Lenders (except as otherwise provided in the Credit Agreement).
Appears in 1 contract
Samples: Credit Agreement (Convergys Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to apply and by the Collateral Agent with any consent required in accordance with Article 9 of under the IndentureCredit Agreement.
Appears in 1 contract
Samples: Security Agreement (New Playboy Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right right, power or power remedy hereunder or under the Indenture shall operate as a waiver 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 any the other Secured Party Parties hereunder and under the Indenture other 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 this Agreement or consent to any departure by any Grantor Obligor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.028.06(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Obligor in any case shall entitle any Grantor such Obligor 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyeach Obligor, subject to any additional consent required in accordance with Article 9 Section 9.08 of the IndentureLoan Agreement.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Summit Midstream Partners, LP)
Waivers; Amendment. (a) No To the fullest extent permitted under applicable law, no failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and of the Agent and any other Secured Party hereunder and the Lenders under the Indenture other Loan Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any Grantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Pledgor in any case shall entitle any Grantor such Pledgor 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 the Grantor or Grantors Pledgor with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.08 of the IndentureAmended Agreement.
Appears in 1 contract
Samples: Credit Agreement (United Surgical Partners International Inc)
Waivers; Amendment. (a1) No failure or delay by the Bridge Collateral Agent, any other Agent or any other Secured Party Lender in exercising any right or power hereunder or under the Indenture any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Bridge Collateral Agent, any other Agent and any other Secured Party the Lenders hereunder and under the Indenture other 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 consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.025.02, 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 or the making of a Loan shall not be construed as a waiver of any Default, regardless of whether the Bridge Collateral Agent, any other Agent or any Lender may have had notice or knowledge of such Default at the time. No notice or demand on any Grantor in any case shall entitle any Grantor to any other or further notice or demand in similar or other circumstances.
(b2) 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 Bridge Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.01 of the IndentureCredit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right or power hereunder or under the Indenture any other Notes Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other the Secured Party Parties hereunder and under the Indenture other Notes 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 consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.025.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any 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 otherwise modified except pursuant to supplements to Schedule IV contemplated herein and an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of as permitted by the Indenture.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Trustee and the Holders under the other Indenture 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 other Indenture Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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) in accordance with the Indenture pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the 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 9 of the IndentureIntercreditor Agreement, or (ii) as otherwise provided in the Intercreditor Agreement.
Appears in 1 contract
Samples: Second Priority Security Agreement (Pierson Industries Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Administrative Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and any of the other Secured Party hereunder and Parties under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle any such 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 a written agreement or agreements in writing entered into by between the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party Holder in exercising any right or power hereunder or under the Indenture any other Note Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Agent, the Holders and any the Revolving Facility Lenders hereunder, under the other Secured Party hereunder Note Documents and under the Indenture other Revolving Facility 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 consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Sections 9.01 and 9.02 of the IndentureIndenture and Section 8.4 (or other applicable provisions) of the Revolving Facility Agreement.
Appears in 1 contract
Samples: Security Agreement (Shea Homes Limited Partnership)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of the Collateral Agent and the other Secured Party hereunder and Parties under the Indenture other Support Documents and the Secured Instruments 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 consent to any the departure by any Grantor Subordinated Creditor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on by any Grantor Subordinated Creditor or Loan Party in any case shall entitle any Grantor such Subordinated Creditor or 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 Agent, the Loan Parties and the Grantor or Grantors Subordinated Creditors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 8.01 of the IndentureCollateral Agency Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the Indenture other Loan Documents are cumulative and are not exclusive of any 191 rights or remedies that they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.08 of the IndentureCredit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Payee or the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture any other LC Procurement Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Payee and the Collateral Agent and any other Secured Party hereunder and under the Indenture other LC procurement 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 other LC Procurement Document or consent to any departure by the Payer or any Grantor other Payer Party therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor the Payer in any case shall entitle any Grantor the Payer 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 Holdings, the Payer, the Payee and the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the IndentureAgent.
Appears in 1 contract
Samples: Lc Procurement Agreement (Endeavour International Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral ------------------ Security Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Security Agent hereunder and of the Security Agent, the Agent and any other Secured Party hereunder and the Lenders under the Indenture other Loan Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any Grantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Pledgor in any case shall entitle such Pledgor or any Grantor other Pledgor 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 Security Agent and the Grantor Pledgor or Grantors Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.05 of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Pledge Agreement (Brylane Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, : nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the Indenture other 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 Security Agreement or any other Loan Document or consent to any departure by any Grantor Debtor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor Debtor in any case shall entitle such Debtor or any Grantor other Debtor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Security 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 the Grantor Debtor or Grantors Debtors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Paragraph 11(b) of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Mentor Corp /Mn/)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Administrative Agent and the Secured Parties under the Indenture other Loan Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any Grantor the Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor the Pledgor in any case shall entitle any Grantor the Pledgor 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 the Grantor or Grantors Pledgor with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party Trustee in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Trustee hereunder and any of the other Secured Party hereunder and Parties under the other Loan Documents, the BFI Indenture and the AWNA Indenture 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 consent to any departure by any Grantor Subsidiary Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Subsidiary Pledgor in any case shall entitle any Grantor such Subsidiary Pledgor 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 Trustee and the Grantor Subsidiary Pledgor or Grantors Subsidiary Pledgors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Shared Collateral Pledge Agreement (Allied Waste Industries Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party the Trustee in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of the other Secured Party Parties hereunder and under the Indenture other Transaction 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 consent to any departure by any Grantor Pledgor and Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Pledgor and Guarantor in any case shall entitle any Grantor such Pledgor and 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 Pledgors and the Grantor or Grantors Guarantors with respect to which such waiver, amendment or modification is to applyrelates, the Collateral Agent and the Trustee, subject to any consent required in accordance with Article 9 10 of the Indenture.
Appears in 1 contract
Samples: Guarantee Agreement (Memc Electronic Materials Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral ------------------- Security Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Security Agent hereunder and of the Security Agent, the Agent and any other Secured Party hereunder and the Lenders under the Indenture other Loan Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Security Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.05 of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Security Agreement (Brylane Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party Trustee in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent Trustee and any other Secured Party the Holders hereunder and under the other Indenture Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of this Security Agreement or any other Indenture Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any such Grantor to any other or further notice or demand in similar or other circumstances.
(b) . Neither this Security Agreement nor any provision hereof may be waived, amended amended, supplemented or modified otherwise modified, or any departure therefrom consented to, except pursuant to an agreement or agreements in writing entered into by by, between or among the Collateral Agent Trustee and the Grantor or Grantors with respect to which such waiver, amendment amendment, other modification or modification consent is to apply, subject to any consent required in accordance with Article 9 IX of the Indenture.
Appears in 1 contract
Waivers; Amendment. (a) No To the fullest extent permitted under applicable law, no failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent and the Lenders under the Indenture other Loan Documents and the Noteholders under the Note Agreements are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision provisions of this Agreement, any other Loan Document or any Note Agreement or consent to any departure by any Grantor Pledgor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Pledgor in any case shall entitle any Grantor such Pledgor 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required executed and delivered in accordance with Article 9 Section 8 of the IndentureCollateral Agency Agreement.
Appears in 1 contract
Samples: Pledge and Security Agreement (Robbins & Myers Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent Administrative Agent, the Issuing Bank or any other Secured Party Lender in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and Administrative Agent, the Issuing Bank or any Lender hereunder or under the Credit Agreement or any other Secured Party hereunder and under the Indenture Loan Document 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 other Loan Document or consent to any departure by any Grantor Subsidiary Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Subsidiary Guarantor in any case shall entitle any Grantor such Subsidiary 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 the Grantor or Grantors with respect Subsidiary Guarantors to which such waiver, amendment or modification is to apply, subject to any relates and the Administrative Agent (with the prior written consent required in accordance with Article 9 of the IndentureLenders or the Required Lenders if required under the Credit Agreement).
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral ------------------- Security Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Security Agent hereunder and of the Security Agent, the Agent and any other Secured Party hereunder and the Lenders under the Indenture other Loan Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Security Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.05 of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Security Agreement (Brylane Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Security Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Security Agent hereunder and of the Security Agent, the Agent and any other Secured Party hereunder and the Lenders under the Indenture other Loan Documents are cumulative and are not exclusive of any rights or remedies that which they would otherwise have. No waiver of any provision provisions of this Agreement or any other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Security Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.05 of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Security Agreement (Brylane Inc)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Agents, the Issuing Bank and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or 160 20 Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Hechinger Co)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right or power hereunder or under the Indenture any other Notes Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and under the Indenture other Notes 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 consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.026.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the Indenture.
Appears in 1 contract
Samples: Security Agreement (West Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral ------------------- Administrative Agent, any other Agent or any other Secured Party Lender in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and Administrative Agent, any other Secured Party Agents or any Lender hereunder and or under the Indenture other 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 consent to any departure by any Grantor Subsidiary Guarantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor Subsidiary Guarantor in any case shall entitle any Grantor such Subsidiary 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 the Grantor or Grantors Subsidiary 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 9 of the IndentureRequired Lenders (except as otherwise provided in the Credit Agreement).
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Banks, the Administrative Agent and the Senior Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.02 of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Non Shared Collateral Security Agreement (Allied Waste Industries Inc)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right or power hereunder or under the any other Indenture Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party Parties hereunder and under the other Indenture Documents are cumulative and are not exclusive of any rights or remedies that they would otherwise have. No waiver of any provision of in this Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the Indenture.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 8.02 of the IndentureTerm Loan Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any other Grantor 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.02 of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Trimas Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Agents, the Issuing Bank and the Lenders under the Indenture other 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 other Loan Document or consent to any departure by any the Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any the Grantor in any case shall entitle any the 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyGrantor, subject to any consent required in accordance with Article 9 Section 9.2 of the IndentureCredit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Security Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Security Agent and any other Secured Party hereunder and of the Security Agent, the Secured Parties and the Finance Parties under the Indenture other Finance 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 Security Agreement or any other Finance Document or consent to any departure by any the Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any the Grantor in any case shall entitle any the Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Security 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 Security Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to applyGrantor, subject to any consent required in accordance with Article 9 Clause 40 (Amendments) of the IndentureFacilities Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent and the Secured Parties under the Indenture other Transaction 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 other Transaction Documents or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle any 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 of the Indenture.
Appears in 1 contract
Samples: Security Agreement (Oneida LTD)
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent hereunder and any of the other Secured Party hereunder and Parties under the Indenture other Credit Transaction 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 other Credit Transaction Document or consent to any departure by any Grantor the Grantors therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle such Grantor or the any 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 pursuant to an a written agreement or agreements in writing entered into by the Collateral Agent Grantors and the Grantor or Grantors Collateral Agent, with respect to which such waiver, amendment or modification is to apply, subject to any the prior written consent required in accordance with Article 9 of the IndentureRequired Lenders and the Required Holders; PROVIDED, HOWEVER, that except as provided herein or in the other Credit Transaction Documents, no such agreement shall amend, modify, waive or otherwise adversely affect a Secured Party's rights and interests in any material amount of the Collateral without the prior written consent of such Secured Party.
Appears in 1 contract
Samples: Credit Agreement (Ta Operating Corp)
Waivers; Amendment. (a) No failure or delay by of the Collateral Administrative Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and any of the other Secured Party hereunder and Parties under the Indenture 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 Security Agreement or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle any such Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither this Security 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 by, between or among the Collateral Administrative Agent and the Grantor or Grantors other parties hereto with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.2 of the IndentureCredit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right or power hereunder or under the Indenture any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and under the Indenture other 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 consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.027.02(b), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No Without limiting the generality of the foregoing, the making of a Loan shall not be construed as a waiver of any Default, regardless of whether the Collateral Agent or any Lender may have had notice or demand on any Grantor in any case shall entitle any Grantor to any other or further notice or demand in similar or other circumstancesknowledge of such Default at the time.
(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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 10.08 of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Surgery Partners, Inc.)
Waivers; Amendment. (a) No failure or delay by the Collateral Agent or any other Secured Party in exercising any right or power hereunder or under the Indenture any other Noteholder Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other the Secured Party Parties hereunder and under the Indenture other Noteholder 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 consent to any departure by any Grantor therefrom herefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.026.02, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on any Grantor in any case shall entitle any Grantor to any other or further notice or demand in similar or other circumstances.
(b) Neither None of this Agreement nor 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 the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required under the Indenture; provided that nothing in accordance with Article 9 this paragraph shall affect the agreements set forth in Section 5.3 of the IndentureIntercreditor Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Agent and any other Secured Party hereunder and of the Collateral Agent, the Issuing Bank, the Administrative Agent and the Lenders under the Indenture other Credit 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 other Credit Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph clause (b) of this Section 7.02), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 9.08 of the IndentureAmended and Restated Credit Agreement.
Appears in 1 contract
Waivers; Amendment. (a) No failure or delay by of the Collateral Administrative Agent or any other Secured Party in exercising any power or right or power hereunder or under the Indenture shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Collateral Administrative Agent hereunder and of the Administrative Agent, the Letter of Credit Issuer, the Administrative Agent and any other Secured Party hereunder and the Lenders under the Indenture other Credit 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 other Credit Document or consent to any departure by any Grantor therefrom shall in any event be effective unless the same shall be permitted by paragraph (b) of this Section 7.02below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on any Grantor in any case shall entitle such Grantor or any 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 pursuant to an agreement or agreements in writing entered into by the Collateral Administrative Agent and the Grantor or Grantors with respect to which such waiver, amendment or modification is to apply, subject to any consent required in accordance with Article 9 Section 13.1 of the IndentureCredit Agreement.
Appears in 1 contract
Samples: Credit Agreement (Borden Chemicals & Plastics Limited Partnership /De/)