Common use of Amendments in Writing; No Waiver; Cumulative Remedies Clause in Contracts

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Pledge Agreement, Pledge Agreement (Energy Future Holdings Corp /TX/)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each affected Pledgor Guarantor and the Collateral Administrative Agent in accordance with Section 13.1 13.3 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Administrative Agent nor any First Lien Secured other Guaranteed Party shall by any act (except by a written instrument pursuant to Section 20(a17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any other First Lien Secured Guaranteed Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other First Lien Secured Guaranteed Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Administrative Agent or such other First Lien Secured any Guaranteed Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Guaranty (Freescale Semiconductor, Ltd.), Guaranty (NXP Semiconductors N.V.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 14.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. 21.

Appears in 2 contracts

Sources: Credit Agreement, Pledge Agreement

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written an instrument in writing executed by the affected Pledgor Guarantors and the Collateral Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor AgreementAgent. (b) Neither None of the Lessor, the Certificate Holders, the Collateral Agent Agent, nor any First Lien Secured Party Securityholder shall by any act (except by a written instrument pursuant to Section 20(a14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Lessor, the Certificate Holders, the Collateral Agent or any other First Lien Secured PartySecurityholder, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent Certificate Holders, Indenture Trustee or any other First Lien Secured Party Securityholder of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Agent Certificate Holders, Indenture Trustee or such other First Lien Secured Party Securityholder would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Guarantee (Hanover Compressor Co /), Guarantee (Hanover Compressor Co /)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor each Guarantor and the Collateral Agent, provided that any provision of this Guarantee may be waived by the Agent and the Secured Parties in accordance with Section 13.1 of a letter or agreement executed by the Credit Agreement and Agent or by each other party to telex or facsimile transmission from the extent required by (and in accordance with) the Intercreditor AgreementAgent. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a15(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) . The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Parent Guarantee (RAIT Financial Trust), Parent Guarantee (RAIT Financial Trust)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor AgreementSecured Party. (b) Neither the Collateral Agent nor any First Lien The Secured Party shall not by any act (except by a written instrument pursuant to Section 20(a) hereofsigned by Secured Party), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Pledge Agreement (Pinecrest Investment Group Inc), Pledge Agreement (Pinecrest Investment Group Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Guarantor(s) and the Collateral Administrative Agent in accordance with Section 13.1 14.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Administrative Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof5.11(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising, on the part of the Collateral Administrative Agent or any other First Lien Secured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Collateral Administrative Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Administrative Agent or such other First Lien any Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Sources: Credit Agreement (California Resources Corp), Credit Agreement

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 14.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Pledge Agreement (Laureate Education, Inc.), Credit Agreement (Laureate Education, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Pledgor(s) and the Collateral Agent in accordance with Section 13.1 10.01 of the Credit Agreement; provided, however, that this Agreement may be supplemented (but no existing provisions may be modified and no Collateral may be released) through agreements substantially in the form of Annex A, respectively, in each case duly executed by each other party to the extent required by (and in accordance with) the Intercreditor AgreementPledgor directly effected thereby. (b) Neither the Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofhereof or of any other applicable Secured Debt Document. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Credit Agreement (Tribune Media Co), Pledge Agreement (Tribune Media Co)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent Secured Party, provided that any provision of this Agreement may be waived by the Secured Party and the Lenders in accordance with Section 13.1 of a letter or agreement executed by the Credit Agreement and Secured Party or by each other party to telex or facsimile transmission from the extent required by (and in accordance with) the Intercreditor AgreementSecured Party. (b) Neither the Collateral Agent Secured Party nor any First Lien Secured Party Lender shall by any act (except by a written instrument pursuant to Section 20(aparagraph (a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent Secured Party or any other First Lien Secured PartyLender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent Secured Party or any other First Lien Secured Party Lender of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Agent Secured Party or such other First Lien Secured Party Lender would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Stock Pledge Agreement (Richardson Electronics LTD/De), Stock Pledge Agreement (Richardson Electronics LTD/De)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Guarantor(s) and the Collateral Agent in accordance with Section 13.1 14.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof5.11(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any exercise and no delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, remedy, power or privilege hereunder shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Agent or such other First Lien any Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by law.

Appears in 2 contracts

Sources: Credit Agreement (California Resources Corp), Credit Agreement (California Resources Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Administrative Agent in accordance with Section 13.1 14.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Administrative Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Administrative Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Pledge Agreement (Rockwood Specialties Group Inc), Pledge Agreement (Rockwood Specialties Group Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor each Guarantor and the Collateral Agent; provided that any provision of this Agreement may be waived by the Required Lenders pursuant to a letter or agreement executed by the Collateral Agent in accordance with Section 13.1 of or by telecopy transmission from the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor AgreementCollateral Agent. (b) Neither the Collateral Agent nor any First Lien No Secured Party shall by any act (except by a written instrument pursuant to Section 20(a)) hereof), delay, indulgence, omission or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or which such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Guarantee Agreement (Graftech International LTD), Guarantee Agreement (Graftech International LTD)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Pledgors and the Collateral Agent Corporate Trustee, provided that any provision of this Agreement may be waived by the Corporate Trustee and the Secured Parties in accordance with Section 13.1 of a letter or agreement executed by the Credit Agreement and Corporate Trustee or by each other party to facsimile transmission from the extent required by (and in accordance with) the Intercreditor AgreementCorporate Trustee. (b) Neither the Collateral Agent Corporate Trustee nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereofparagraph 17.(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent Corporate Trustee or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent Corporate Trustee or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Agent Corporate Trustee or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Pledge Agreement (Sprint Spectrum L P), Pledge Agreement (Sprint Spectrum Finance Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 14.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Term Loan Pledge Agreement (McJunkin Red Man Holding Corp), Term Loan Pledge Agreement (McJunkin Red Man Holding Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Guarantors and the Collateral Administrative Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Loan Agreement. (b) Neither the Collateral Administrative Agent nor any First Lien Secured other Guaranteed Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof16(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any other First Lien Secured Guaranteed Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other First Lien Secured Guaranteed Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Administrative Agent or such other First Lien Secured any Guaranteed Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Senior Unsecured Guarantee (Energy Future Holdings Corp /TX/), Senior Unsecured Guarantee (Energy Future Holdings Corp /TX/)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 Article 9 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor AgreementIndenture. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act or omission (except by a written instrument pursuant to Section 20(a) hereof19(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Sources: Pledge Agreement (DISH Network CORP), Pledge Agreement (DISH Network CORP)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Guarantor(s) and the Collateral Agent in accordance with Section 13.1 10.01 of the ABL Credit Agreement and Agreement; provided, however, that this Guaranty may be supplemented (but no existing provisions may be modified) through agreements substantially in the form of Annex B, in each case duly executed by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Guarantor directly affected thereby. Neither the Collateral Agent nor any First Lien other ABL Secured Party shall by any act (except by a written instrument pursuant to Section 20(a17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien ABL Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien ABL Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien any ABL Secured Party would otherwise have on any future occasion. (c) . The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Abl Credit Agreement (Tribune Publishing Co)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each Pledgor in any way affected Pledgor thereby and the Collateral Agent, provided that any provision of this Agreement may be waived by the Agent and the Secured Parties in accordance with Section 13.1 of a letter or agreement executed by the Credit Agreement and Agent or by each other party to telex or facsimile transmission from the extent required by (and in accordance with) the Intercreditor AgreementAgent. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereofparagraph 21(a)hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, Party any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Credit and Guarantee Agreement (Remington Capital Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, restated, amended and restated, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Pledgor(s) and the Collateral Agent in accordance with Section 13.1 14.1 of the Credit Agreement; provided, however, that this Agreement may be supplemented (but no existing provision may be modified and no Collateral may be released) through agreements substantially in the form of Annex A duly executed by each other party to the extent required by (and in accordance with) the Intercreditor AgreementPledgor affected thereby. (b) Neither the Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a19(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Amendment Agreement (Milacron Holdings Corp.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, restated, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof19(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Credit Agreement (OneStream, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement European Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor each European Guarantor and the Collateral Agent; provided that any provision of this European Guarantee may be waived by the Required Lenders pursuant to a letter or agreement executed by the Collateral Agent in accordance with Section 13.1 of or by telecopy transmission from the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor AgreementCollateral Agent. (b) Neither the Collateral Agent nor any First Lien No Secured Party shall by any act (except by a written instrument pursuant to Section 20(a19(a)) hereof), delay, indulgence, omission or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or which such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: European Guarantee and Luxembourg Security Agreement (Graftech International LTD)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Pledgor(s) and the Collateral Agent in accordance with Section 13.1 of the Credit Agreement; provided, however, that this Agreement may be supplemented (but no existing provisions may be modified and no Collateral may be released) through agreements substantially in the form of Annex A, in each case duly executed by each other party to the extent required by (and in accordance with) the Intercreditor AgreementPledgor directly affected thereby. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofhereof or of any other applicable Secured Debt Document. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawRequirement of Law.

Appears in 1 contract

Sources: Credit Agreement (KKR Financial Holdings LLC)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Guarantors and the Collateral Agent in accordance with Section 13.1 of the DIP Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof17(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien any Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Senior Secured Debtor in Possession Credit Agreement (Energy Future Competitive Holdings Co LLC)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement or any of the Notes Documents may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 the terms of the Credit Agreement and by each other party to the extent required by (Indenture and in accordance with) with each applicable Additional First Lien Agreement and the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Pledge Agreement (First Data Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor AgreementSecured Party. (b) Neither the Collateral Agent nor any First Lien The Secured Party shall not by any act (except by a written instrument pursuant to Section 20(a) paragraph 17 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Pledge Agreement (Milwaukee Iron Arena Football, Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor US Pledgor(s) and the US Collateral Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the US Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the US Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the US Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the US Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Pledge Agreement (Associated Materials, LLC)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement or any of the Security Documents may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 the terms of the Credit each applicable Second Lien Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Pledge Agreement (First Data Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement US Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor US Guarantor(s) and the US Collateral Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the US Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the US Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the US Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the US Collateral Agent or such other First Lien any Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Us Guarantee (Associated Materials, LLC)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Administrative Agent in accordance with Section 13.1 14.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Pledge Agreement (Hca Inc/Tn)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Other than in the case of the delivery of a Supplement by an additional Guarantor or the release or discharge of a Guarantor in accordance with the Finance Documents, none of the terms or provisions of this Pledge Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each affected Pledgor Guarantor and the Collateral Agent Bank in accordance with Section 13.1 clause 22.7 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Facility A Agreement. (b) Neither the Collateral Agent Bank nor any First Lien Secured other Guaranteed Party shall by any act (except by a written instrument pursuant to Section 20(a17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent Bank or any other First Lien Secured Guaranteed Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent Bank or any other First Lien Secured Guaranteed Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent Bank or such other First Lien Secured any Guaranteed Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Guaranty (NXP Semiconductors N.V.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Equity Contribution Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Equity Guarantor, the Borrower and the Collateral Security Agent, provided that any provision of this Equity Contribution Guarantee may be waived by the Security Agent and the Secured Parties in accordance with Section 13.1 of a letter or agreement executed by the Credit Agreement and Security Agent or by each other party to telex or facsimile transmission from the extent required by (and in accordance with) the Intercreditor AgreementSecurity Agent. (b) Neither the Collateral Borrower, the Security Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(aparagraph (a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Borrower, the Security Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Borrower, the Security Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Borrower, the Security Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. 17.

Appears in 1 contract

Sources: Equity Contribution Guarantee (Cogentrix Energy Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None ----------------------------------------------------- of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Guarantor and the Collateral Agent Guaranteed Parties, provided that any provision of this -------- Guarantee may be waived by the Guaranteed Parties in accordance with Section 13.1 of a letter or agreement executed by the Credit Agreement and Guaranteed Parties or by each other party to telex or facsimile transmission from the extent required by (and in accordance with) the Intercreditor AgreementGuaranteed Parties. (b) Neither the Collateral Agent nor any First Lien Secured No Guaranteed Party shall by any act (except by a written instrument pursuant to Section 20(aparagraph 12(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured PartyGuaranteed Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party Guaranteed Parties of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or which such other First Lien Secured Party Guaranteed Parties would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Participation Agreement (KMC Telecom Holdings Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None Other than in the case of the delivery of a Supplement by an additional Guarantor or the release of a Guarantor in accordance with the Credit Documents, none of the terms or provisions of this Pledge Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the each affected Pledgor Guarantor and the Collateral Administrative Agent in accordance with Section 13.1 13.3 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Administrative Agent nor any First Lien Secured other Guaranteed Party shall by any act (except by a written instrument pursuant to Section 20(a17 (a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any other First Lien Secured Guaranteed Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other First Lien Secured Guaranteed Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Administrative Agent or such other First Lien Secured any Guaranteed Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Guaranty (NXP Semiconductors N.V.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement or any of the First Lien Documents may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 the terms of the Credit each applicable First Lien Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Pledge Agreement (First Data Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the US Collateral Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the US Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the US Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the US Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the US Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Canadian Pledge Agreement (Associated Materials, LLC)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor each Guarantor and the Collateral Agent, PROVIDED that any provision of this Guarantee may be waived by the Required Secured Parties pursuant to a letter or agreement executed by the Collateral Agent in accordance with Section 13.1 of or by facsimile transmission from the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor AgreementCollateral Agent. (b) Neither the Collateral Agent nor any First Lien No Secured Party shall by any act (except by a written instrument pursuant to Section 20(a15(a) hereof), delay, indulgence, omission ) or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder or any course of dealing between the Collateral Agent and any Guarantor shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or which such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Parent Guarantee Agreement (Ucar International Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Guarantors and the Collateral Agent in accordance with Section 13.1 of the DIP Credit Agreement Agreement; provided that the parties understand and by each other party to agree that this Guarantee shall be amended and restated on the extent required by (and Conversion Date in accordance with) with the Intercreditor terms of the Exit Facility Agreement. (b) Neither the Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof17(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien any Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Senior Secured Debtor in Possession Credit Agreement (Energy Future Competitive Holdings Co LLC)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Guarantor(s) and the Collateral Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor or any comparable provision of any Additional First Lien Agreement. (b) Neither the Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien any Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Credit Agreement (MultiPlan Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral applicable Administrative Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Credit Agreement (Avago Technologies LTD)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Pledgor(s) and the Collateral Administrative Agent in accordance with Section 13.1 of the Credit Agreement; provided, however, that this Agreement may be supplemented (but no existing provisions may be modified and no Collateral may be released) through agreements substantially in the form of Annex A, in each case duly executed by each other party to the extent required by (and in accordance with) the Intercreditor AgreementPledgor directly affected thereby. (b) Neither the Collateral Administrative Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof21(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereofhereof or of any other applicable Secured Debt Document. No failure to exercise, nor any delay in exercising, on the part of the Collateral Administrative Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Administrative Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by lawRequirement of Law.

Appears in 1 contract

Sources: Credit Agreement (Roan Resources, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Guarantor and the Collateral Agent in accordance with Section 13.1 on behalf of the Credit Agreement and Guaranteed Parties, provided that any provision of this Guarantee may be waived by each other party to the extent required Guaranteed Parties in a letter or agreement executed by (and in accordance with) the Intercreditor AgreementAgent or by telex, electronic or facsimile transmission from the Agent. (b) Neither the Collateral Agent nor any First Lien Secured No Guaranteed Party shall by any act (except by a written instrument pursuant to Section 20(a14(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Guaranteed Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Guaranteed Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or which such other First Lien Secured Guaranteed Party would otherwise have on any future occasion. (c) . The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Guarantee (FS Multi-Alternative Income Fund)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Pledgor, the Secured Party and the Collateral Agent Securities Intermediary, provided that any provision of this Agreement may be waived by the Secured Party in accordance with Section 13.1 of a letter or agreement executed by the Credit Agreement and Secured Party or by each other party to telex or facsimile transmission from the extent required by (and in accordance with) the Intercreditor AgreementSecured Party. (b) Neither the Collateral Agent nor any First Lien The Secured Party shall not by any act (except by a written instrument pursuant to Section 20(a) hereof), ) of delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Cash Collateral Agreement (RCN Corp /De/)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 14.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien other Foreign Obligations Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof16(a)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Foreign Obligations Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Foreign Obligations Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien any Foreign Obligations Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Foreign Obligations Guarantee (Laureate Education, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Pledgor(s) and the Collateral Agent in accordance with Section 13.1 12.1 of the Term Loan Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Term Loan Pledge Agreement (Goodman Sales CO)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guaranty may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor Guarantor(s) and the Collateral Agent in accordance with Section 13.1 10.01 of the Credit Agreement and Agreement; provided, however, that this Guaranty may be supplemented (but no existing provisions may be modified) through agreements substantially in the form of Annex B, respectively, in each case duly executed by each other party to the extent required by (and in accordance with) the Intercreditor AgreementGuarantor directly affected thereby. (b) Neither the Collateral Agent nor any First Lien other Secured Party shall by any act (except by a written instrument pursuant to Section 20(a17(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien any Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Guaranty (Tribune Media Co)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 Trustee, provided that any provision of this Agreement may be waived by the Trustee on behalf of the Credit Agreement and by each other party Holders pursuant to the extent required terms of the Indentures in a letter or agreement executed by (and in accordance with) the Intercreditor AgreementTrustee or by telex or facsimile transmission from the Trustee. (b) Neither the Collateral Agent Trustee nor any First Lien Secured Party Holder shall by any act (except by a written instrument pursuant to Section 20(aparagraph 19(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured PartyTrustee, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party Trustee of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Collateral Agent or such other First Lien Secured Party Trustee would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Pledge Agreement (Panda Global Holdings Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement Guarantee may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor each Guarantor and the Collateral Agent, PROVIDED that any provision of this Guarantee may be waived by the Required Secured Parties pursuant to a letter or agreement executed by the Collateral Agent in accordance with Section 13.1 of or by telecopy transmission from the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor AgreementCollateral Agent. (b) Neither the Collateral Agent nor any First Lien No Secured Party shall by any act (except by a written instrument pursuant to Section 20(a19(a) hereof), delay, indulgence, omission ) or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or which such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers rights and privileges remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Subsidiary Guarantee Agreement (Ucar International Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement or any of the Notes Documents may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 the terms of the Credit Agreement and by each other party to the extent required by (Indenture and in accordance with) with each applicable Additional Second Lien Agreement and the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Pledge Agreement (First Data Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Administrative Agent in accordance with Section 13.1 of the Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Pledge Agreement (Serena Software Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Pledge Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the affected Pledgor and the Collateral Agent in accordance with Section 13.1 11.1 of the DIP Credit Agreement and by each other party to the extent required by (and in accordance with) the Intercreditor Agreement. (b) Neither the Collateral Agent nor any First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 20(a) hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. (c) The rights, remedies, powers and privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Sources: Pledge Agreement (Energy Future Holdings Corp /TX/)