Amendments Consents Conflicts and Waivers. (a) Unless otherwise specifically provided, (i) this Agreement may be amended only by an instrument in writing executed by Borrower and Lender and supplemented only by documents delivered or to be delivered in accordance with the express terms of this Agreement, and (ii) the other Loan Papers may only be the subject of an amendment, modification or waiver that has been approved by Lender and Borrower. (b) Any conflict or ambiguity between the terms and provisions of this Agreement and terms and provisions in any other Loan Paper is controlled by the terms and provisions of this Agreement. (c) No course of dealing or any failure or delay by Lender or any of its Representatives with respect to exercising any Right under this Agreement operates as a waiver thereof. A waiver must be in writing and signed by Lender to be effective, and a waiver will be effective only in the specific instance and for the specific purpose for which it is given.
Appears in 1 contract
Sources: Credit Agreement (Vail Resorts Inc)
Amendments Consents Conflicts and Waivers. (a) Unless otherwise specifically provided, : (ia) the provisions of this Agreement may be amended amended, modified, or waived, only by an instrument in writing executed by Borrower and Lender Agent (with the authorization of the Requisite Lenders or Supermajority Lenders, as the case may be) and supplemented only by documents delivered or to be delivered in accordance with the express terms of this Agreement, and (ii) the other Loan Papers may only be the subject of an amendment, modification or waiver that has been approved by Lender and Borrower.
; (b) Any any conflict or ambiguity between the terms and provisions of this Agreement and terms and provisions in any other Loan Paper Document is controlled by the terms and provisions of this Agreement.
; (c) No no course of dealing or any failure or delay by Lender or any of its Representatives with respect to Agent in exercising any Right under this Agreement right or remedy operates as a waiver thereof. A of that right or remedy, and (d) a waiver must be in writing and signed by Lender Agent to be effective, effective and a waiver will be effective only in the specific instance and for the specific purpose for which it is given.
Appears in 1 contract