Common use of WAIVERS, AMENDMENTS AND REMEDIES Clause in Contracts

WAIVERS, AMENDMENTS AND REMEDIES. No delay or omission of the Agent or Revolving Lenders to exercise any right or remedy granted under this Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Guarantor Event of Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude other or further exercise thereof or the exercise of any other right or remedy, and no waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement whatsoever shall be valid unless in writing signed by the Agent, and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Agent and the Revolving Lenders until the Obligations have been paid and performed in full.

Appears in 4 contracts

Samples: Stock Pledge Agreement (Ameritrade Holding Corp), Stock Pledge Agreement (Ameritrade Holding Corp), Stock Pledge Agreement (Ameritrade Holding Corp)

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WAIVERS, AMENDMENTS AND REMEDIES. No delay or omission of the Agent or Revolving Lenders to exercise any right or remedy granted under this Stock Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Guarantor Event of Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude other or further exercise thereof or the exercise of any other right or remedy, and no waiver, amendment or other variation of the terms, conditions or provisions of this Stock Pledge Agreement whatsoever shall be valid unless in writing signed by the Agent, and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Stock Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Agent and the Revolving Lenders until the Obligations have been paid and performed in full.

Appears in 3 contracts

Samples: Stock Pledge Agreement (Ameritrade Holding Corp), Stock Pledge Agreement (Ameritrade Holding Corp), Revolving Credit Agreement (Ameritrade Holding Corp)

WAIVERS, AMENDMENTS AND REMEDIES. No delay or omission of the Agent or Revolving Lenders to exercise any right or remedy granted under this Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Guarantor Event of Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude other or further exercise thereof or the exercise of any other right or remedy, and no waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement whatsoever shall be valid unless in writing signed by the Agent, and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Agent and the Revolving Lenders until the Obligations have been paid and performed in full.

Appears in 2 contracts

Samples: Stock Pledge Agreement (Ameritrade Holding Corp), Stock Pledge Agreement (Ameritrade Holding Corp)

WAIVERS, AMENDMENTS AND REMEDIES. No delay or omission of the Agent or Revolving Lenders any Lender to exercise any right or remedy granted under this Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Guarantor Event of Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except for any Pledge Amendment executed and delivered to Agent by any Grantor in accordance with the terms of Section 4.5, and no waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement whatsoever shall be valid unless in writing signed by Agent with the Agent, concurrence or at the direction of the Majority Lenders and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Agent and the Revolving Lenders Secured Parties until the Obligations have been paid and performed in full.

Appears in 2 contracts

Samples: Credit Agreement (Lilis Energy, Inc.), Senior Secured Term Loan Credit Agreement (Lilis Energy, Inc.)

WAIVERS, AMENDMENTS AND REMEDIES. No delay or omission of the Agent or Revolving Lenders to exercise any right or remedy granted under this Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Guarantor Event of Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude other or further exercise thereof or the exercise of any other right or remedy, and no waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement whatsoever shall be valid unless in writing signed by the AgentAgent with the concurrence of the Required Lenders, and then only to the extent in such writing specifically set forth; provided, however, that any amendment purporting to release all or any portion of the Collateral shall be valid only if signed by the Agent with the concurrence of all of the Lenders. All rights and remedies contained in this Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Agent and the Revolving Lenders until the Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Stock Pledge Agreement (Rawlings Sporting Goods Co Inc)

WAIVERS, AMENDMENTS AND REMEDIES. No delay or omission of the Agent or Revolving Lenders the Secured Parties to exercise any right or remedy granted under this Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Guarantor Event of Pledgor Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude other or further exercise thereof or the exercise of any other right or remedy, and no waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement whatsoever shall be valid unless in writing signed by the Agent, and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Agent and the Revolving Lenders Secured Parties until the Obligations Liabilities have been paid in full and performed in fullall commitments to lend under the Credit Agreement have been terminated.

Appears in 1 contract

Samples: Project Credit Agreement (Deltic Timber Corp)

WAIVERS, AMENDMENTS AND REMEDIES. No delay or omission of the Agent or Revolving Lenders to exercise any right or remedy granted under this Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Guarantor Event of Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude other or further exercise thereof or the exercise of any other right or remedy, and no waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement whatsoever shall be valid unless in writing signed by the AgentAgent with the concurrence, where so required by the Loan Agreement, of the Required Lenders, and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Agent and the Revolving Lenders until the Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Loan Agreement (Gerdau Usa Inc)

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WAIVERS, AMENDMENTS AND REMEDIES. No delay or omission of the Agent or Revolving Lenders to exercise any right or remedy granted under this Pledge pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Guarantor Event of Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude other or further exercise thereof or the exercise of any other right or remedy, and no waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement whatsoever shall be valid unless in writing signed by the AgentAgent with the concurrence, where so required by the Loan Agreement, of the Required Lenders, and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Agent and the Revolving Lenders until the Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Stock Pledge Agreement (Ameristeel Corp)

WAIVERS, AMENDMENTS AND REMEDIES. No delay or omission of the Agent or Revolving Lenders any Secured Party to exercise any right or remedy granted under this Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Guarantor Event of Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy. Except for any Pledge Amendment executed and delivered to Agent by any Grantor in accordance with the terms of Section 4.5, and except as otherwise provided in the Credit Agreement, no waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement whatsoever shall be valid unless in writing signed by the Agent, Agent and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Agent and the Revolving Lenders Secured Parties until the Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Credit Agreement (Range Resources Corp)

WAIVERS, AMENDMENTS AND REMEDIES. No delay or omission of the Agent or Revolving Lenders any Lender to exercise any right or remedy granted under this Pledge Agreement shall impair such right or remedy or be construed to be a waiver of any Guarantor Event of Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy, and no . No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Agreement whatsoever shall be valid unless in writing signed by Agent with the Agent, concurrence or at the direction of the Required Lenders and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Agreement or by law afforded shall be cumulative and all shall be available to the Agent and the Revolving Lenders Secured Parties until the Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Pledge and Security Agreement (Gasco Energy Inc)

WAIVERS, AMENDMENTS AND REMEDIES. No delay or omission of the Agent Collateral Agent, the Banks or Revolving Lenders the Noteholders to exercise any right or remedy granted under this Pledge Security Agreement shall impair such right or remedy or be construed to be a waiver of any Guarantor Event of Default or an acquiescence therein, and any single or partial exercise of any such right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy, and no . No waiver, amendment or other variation of the terms, conditions or provisions of this Pledge Security Agreement whatsoever shall be valid unless in writing signed by the Agent, Collateral Agent with the concurrence or at the direction of the Requisite Creditors required under the Collateral Sharing Agreement and then only to the extent in such writing specifically set forth. All rights and remedies contained in this Pledge Security Agreement or by law afforded shall be cumulative and all shall be available to the Agent Collateral Agent, the Banks and the Revolving Lenders Noteholders until the Obligations have been paid and performed in full.

Appears in 1 contract

Samples: Security Agreement (Sypris Solutions Inc)

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