Common use of Waivers, Amendments, Etc Clause in Contracts

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Lenders and the Agents. No failure or delay on the part of any Agent, any Lender, any Hedging Counterparty or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Agent, any Lender, any Hedging Counterparty or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Credit Agreement (National Energy Group Inc), Credit Agreement (American Real Estate Holdings L P)

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Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the BorrowerHecla Mining, the Lenders Subordinated Creditor and the AgentsSenior Creditor. No failure or delay on the part of any Agent, any Lender, any Hedging Counterparty either the Senior Creditor or the holder of any Note Subordinated Creditor in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on either the Borrower Senior Creditor or the Subordinated Creditor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Agent, any Lender, any Hedging Counterparty either the Senior Creditor or the holder of any Note Subordinated Creditor under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 2 contracts

Samples: Subordination Agreement (Hecla Mining Co/De/), Nationsbank Subordination Agreement (Hecla Mining Co/De/)

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Lenders Borrower and the AgentsLender. No failure or delay on the part of any Agent, any Lender, any Hedging Counterparty the Lender or the holder of any the Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Agent, any Lender, any Hedging Counterparty the Lender or the holder of any the Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunderhereunder .

Appears in 2 contracts

Samples: Credit Agreement (Hi Rise Recycling Systems Inc), Credit Agreement (Hi Rise Recycling Systems Inc)

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by Borrower and Lender and in the Borrowercase of Loan Documents to which a Subsidiary of Borrower is a party, the Lenders and the Agentssuch Subsidiary. No failure or delay on the part of any Agent, any Lender, any Hedging Counterparty or the holder of any Note Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Agent, any Lender, any Hedging Counterparty or the holder of any Note Lender under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Credit Agreement (Abraxas Petroleum Corp)

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Lenders Borrower and the AgentsLender. No failure or delay on the part of any Agent, any Lender, any Hedging Counterparty the Lender or the holder of any the Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Agent, any Lender, any Hedging Counterparty the Lender or the holder of any the Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder. SECTION IX.2.

Appears in 1 contract

Samples: Credit Agreement (Vista Gold Corp)

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may ------------------------ from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Lenders Borrower and the AgentsLender. No failure or delay on the part of any Agent, any Lender, any Hedging Counterparty the Lender or the holder of any Note the Notes in exercising any power or right under this Agreement or any other Loan Credit Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Agent, any Lender, any Hedging Counterparty the Lender or the holder of any Note the Notes under this Agreement or any other Loan Credit Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Credit Agreement (Susa Partnership Lp)

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Lenders Pledgor and the AgentsCollateral Agent in accordance with the terms of the Participation Agreement. No failure or delay on the part of any Agent, any Lender, any Hedging Counterparty the Collateral Agent or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower Pledgor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Agent, any Lender, any Hedging Counterparty the Collateral Agent or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Pledge and Security Agreement (Fore Systems Inc /De/)

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document Instrument executed pursuant hereto may from time to time be amended, modified or waived, only if such amendment, modification or waiver is in writing and consented to executed by the Borrower, the Lenders Borrower and the AgentsBank. No failure or delay on the part of any Agent, any Lender, any Hedging Counterparty the Bank or the holder of any the Note in exercising any power or right under this Agreement or any other Loan Document Instrument executed pursuant hereto shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Agent, any Lender, any Hedging Counterparty the Bank or the holder of any Note under this Agreement or any other Loan Document Instrument executed pursuant hereto shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Loan Agreement (United Air Specialists Inc /Oh/)

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Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Lenders Borrower and the AgentsLender. No failure or delay on the part of any Agent, any Lender, any Hedging Counterparty the Lender or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Agent, any Lender, any Hedging Counterparty the Lender or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Subordinated Credit Agreement (Zimmerman Sign Co)

Waivers, Amendments, Etc. The provisions of this Agreement and of each other Loan Document (except to the extent otherwise set forth in such Loan Document) may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Lenders each Obligor party thereto and the AgentsLender. No failure or delay on the part of any Agent, any Lender, any Hedging Counterparty or the holder of any Note Lender in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower any Obligor in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by the Lender under any Agent, any Lender, any Hedging Counterparty or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Agreement (Bema Gold Corp /Can/)

Waivers, Amendments, Etc. The provisions of this Agreement ------------------------ and of each other Loan Document may from time to time be amended, modified or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Lenders Company and the AgentsBank. No failure or delay on the part of any Agentthe Bank, any Lender, any Hedging Counterparty or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower Company in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Agentthe Bank, any Lender, any Hedging Counterparty or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Credit Agreement (Mycogen Corp)

Waivers, Amendments, Etc. The provisions of this Agreement ------------------------- and of each other Loan Document may from time to time be amended, modified modified, or waived, if such amendment, modification or waiver is in writing and consented to by the Borrower, the Lenders Borrower and the AgentsBank. No failure or delay on the part of any Agent, any Lender, any Hedging Counterparty the Bank or the holder of any Note in exercising any power or right under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such power or right preclude any other or further exercise thereof or the exercise of any other power or right. No notice to or demand on the Borrower in any case shall entitle it to any notice or demand in similar or other circumstances. No waiver or approval by any Agentthe Bank, any Lender, any Hedging Counterparty or the holder of any Note under this Agreement or any other Loan Document shall, except as may be otherwise stated in such waiver or approval, be applicable to subsequent transactions. No waiver or approval hereunder shall require any similar or dissimilar waiver or approval thereafter to be granted hereunder.

Appears in 1 contract

Samples: Senior Revolving Loan Agreement (Consol Energy Inc)

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