Waivers; Modifications in Writing. No amendment of any provision of this Deed of Trust (including a waiver thereof or consent relating thereto) shall be effective unless the same shall be in writing and signed by Beneficiary and Trustor. Any waiver or consent relating to any provision of this Deed of Trust shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Trustor in any case shall entitle Trustor to any other or further notice or demand in similar circumstances, except as otherwise provided herein or as required by law.
Waivers; Modifications in Writing. 10.2.1. No amendment of any provision of this Agreement or any other Loan Document (including a waiver thereof or consent relating thereto) shall be effective unless the same shall be in writing and signed by the Agent and the Required Lenders. Notwithstanding the foregoing,
Waivers; Modifications in Writing. No failure or delay on the part of Agent or any Bank in exercising any right, power or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for under this Agreement, in the Notes and in the other Loan Documents are cumulative and are not exclusive of any remedies that may be available to the Banks at law, in equity or otherwise. No amendment, modification, supplement, termination, consent or waiver of or to any provision of this Agreement, the Notes or the other Loan Documents, nor any consent to any departure therefrom, will in any event be effective unless the same will be in writing and signed by or on behalf of the Borrower and the Requisite Banks and, to the extent any rights or duties of the Agent may be affected thereby, the Agent, provided, however, that no such amendment, modification, termination, waiver or consent shall, without the consent of the Agent and all of the Banks, (i) authorize or permit the extension of time for, or any reduction of the amount of, any payment of the principal of, or interest on, the Notes or any Letter of Credit reimbursement obligation, or any fees or other amount payable hereunder, (ii) amend or terminate the respective Commitment of any Bank or modify the provisions of this Section regarding the taking of any action under this Section or the provisions of this Section 9.2 or the definition of Requisite Banks, or (iii) provide for the discharge of any material Guarantor, except to the extent provided in this Agreement. Notwithstanding anything herein to the contrary, no Defaulting Bank shall be entitled to vote (whether to consent or to withhold its consent) with respect to any amendment, modification, termination or waiver of any provision of this Agreement or any departure therefrom or any direction from the Banks to the Agent, and, for purposes of determining the Requisite Banks at any time when any Bank is a Defaulting Bank under this Agreement, the Commitments and Advances of such Defaulting Banks shall be disregarded.
Waivers; Modifications in Writing. No failure or delay on the part of Agent or any Bank in exercising any right, power or remedy hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for under this Agreement, in the Notes and in the other Loan Documents are cumulative and are not exclusive of any remedies that may be available to the Banks at law, in equity or otherwise. No amendment, modification, supplement, termination, consent or waiver of or to any provision of this Agreement, the Notes or the other Loan Documents, nor any consent to any departure therefrom, will in any event be effective unless the same will be in writing and signed by or on behalf of the Banks and Borrower.
Waivers; Modifications in Writing. No failure or delay on the part of Apollo, or any holder of rights under this Agreement, in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination, consent or waiver of or to any provision of this Agreement, nor consent to any departure therefrom, shall in any event be effective unless the same shall be in writing and signed by Apollo and the Corporation. Any waiver of any provision of this Agreement, and any consent to any departure by the Corporation from the terms of any provisions of this Agreement, shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Corporation in any case shall entitle the Corporation to any other or further notice or demand in similar or other circumstances.
Waivers; Modifications in Writing. (a) The rights and remedies provided for under this Agreement and in the other Loan Documents are cumulative and are not exclusive of any rights and remedies that may be available to the Lender at law, in equity, or otherwise. No amendment, modification, supplement, termination, consent, or waiver of this Agreement or any other Loan Documents shall in any event be effective unless the same shall be in writing and signed by the Agent and the Required Lenders. Notwithstanding the foregoing,
Waivers; Modifications in Writing. Lender's failure, at any time or times hereafter, to require strict performance by Borrowers of any provision of this Agreement or the Loan Documents shall not waive, affect or diminish any right of Lender thereafter to demand strict compliance and performance therewith. Any suspension or waiver by the Lender of a default or an Event of Default under this Agreement or any of the other Loan Documents shall not suspend, waive or affect any other default or Event of Default under this Agreement or any of the other Loan Documents, whether the same is prior or subsequent thereto and whether of the same or of a different kind or character. None of the undertakings, agreements, warranties, covenants and representations of the Borrowers contained in this Agreement or any of the other Loan Documents and no default or Event of Default by the Borrower under this Agreement or any of the other Loan Documents shall be deemed to have been suspended or waived by Lender unless such suspension or waiver is in writing and signed by an officer of Lender, and directed to Borrowers specifying such suspension or waiver. Neither this Agreement nor the other Loan Documents may be modified or amended, except in a written agreement signed by Borrower and Lender. The remedies provided for under this Agreement and in the other Loan Documents are cumulative and are not exclusive of any remedies that may be available to Lender at law, in equity or otherwise.
Waivers; Modifications in Writing. No amendment of any provision of this Agreement or any other Loan Document (including a waiver thereof or consent relating thereto) shall be effective unless the same shall be in writing and signed by the Agent and the Majority Lenders. Notwithstanding the foregoing, no amendment that has the effect of (a) reducing the rate or amount, or extending the stated maturity or due date, of any amount payable by the Borrower to any Lender Party under the Loan Documents, (b) increasing the amount, or extending the stated termination or reduction date, of any Lender’s Revolving Commitment hereunder or subjecting any Lender Party to any additional obligation to extend credit, (c) altering the rights and obligations of the Borrower to prepay the Loans, (d) releasing any Guarantor under the Guaranty, (e) changing this Section 9.3 or the definition of the term “Majority Lenders,” or (f) forgiving of principal or interest, shall be effective unless the same shall be signed by or on behalf of all of the Lenders; no amendment that has the effect of (a) increasing the duties or obligations of the Agent, (b) increasing thestandard of care or performance required on the part of the Agent, or (c) reducing or eliminating the indemnitiesor immunities to which the Agent is entitled (including any amendment of this Section 9.3.1.2), shall beeffective unless the same shall be signed by or on behalf of the Agent; and any waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances. Any amendment effected in accordance with this Section 9.3 shall be binding upon each present and future Lender Party and the Borrower.
Waivers; Modifications in Writing. REVOLVING LOAN AGREEMENT 50
Waivers; Modifications in Writing. (a) No failure or delay on the part of Interpool or any Noteholder in exercising any right, power, privilege, or remedy under this Agreement, the Note or any of the Ancillary Documents shall impair or operate as a waiver thereof nor shall any single or partial exercise of any such right, power, privilege, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, privilege, or remedy. The waiver of any such right, power, privilege, or remedy with respect to particular facts and circumstances shall not be deemed to be a waiver with respect to other facts and circumstances. The remedies provided for under this Agreement, the Note, or the Ancillary Documents are cumulative and are not exclusive of any remedies that may be available to the Noteholders at law, in equity, or otherwise. No amendment, modification, restatement, supplement, termination, consent, or waiver of, or consent to any departure from, any provision of this Agreement, the Note, or the Ancillary Documents shall be effective unless the same shall be in writing and signed by or on behalf of the Required Noteholders. Any amendment, modification, restatement, supplement, termination, waiver, or consent effected in accordance with this Section 11.1 shall be binding upon Interpool, the holder at any time of the Note, and Company to the extent that such Person or Persons have executed and delivered same.
