Common use of Amendments and Other Modifications Clause in Contracts

Amendments and Other Modifications. No modification of any Loan Document, including any extension or amendment of a Loan Document or any waiver of a Default or Event of Default, shall be effective without the prior written agreement of Lender and each Obligor party to such Loan Document. However, only the consent of the parties to a Bank Product shall be required for any modification of such agreement, and no Affiliate of Lender that is party to a Bank Product agreement shall have any other right to consent to or participate in any manner in modification of any other Loan Document. The funding of any Loans or issuance of any Letters of Credit during a Default or Event of Default shall not be deemed to constitute a waiver of such Default or Event of Default, nor to establish a course of dealing. Any waiver or consent granted by Lender hereunder shall be effective only if in writing, and then only in the specific instance and for the specific purpose for which it is given.

Appears in 2 contracts

Sources: Loan and Security Agreement (Ashworth Inc), Loan Agreement (Ashworth Inc)