Common use of Amendments; Waivers; Additional Grantors; Etc Clause in Contracts

Amendments; Waivers; Additional Grantors; Etc. (a) No amendment, modification or waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by each Grantor directly affected thereby (it being understood that the addition or release of any Grantor hereunder shall not constitute a amendment, modification, waiver or consent affecting any Grantor other than the Grantor so added or released) the Collateral Agent (with the written consent of Required Secured Creditors), and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. (b) For the purpose of this Agreement, “Required Secured Creditors” shall mean (i) at any time when any Secured Obligations of the type described in Section 2(a) are outstanding, the Required Lenders (or, to the extent provided in Section 11.12 of the Credit Agreement, each of the Lenders) and (ii) at any time after all of the Secured Obligations of the type described in Section 2(a) have been paid in full, the holders of a majority of the Secured Third Party Credit Obligations. No failure on the part of the Collateral Agent or any other Secured Creditor to exercise, and no delay in exercising any right hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.

Amendments; Waivers; Additional Grantors; Etc. (a) No amendmentSubject to Article IX of the Indenture and Section 2.11(b) of the Intercreditor Agreement, modification no amendment or waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by (i) each Grantor directly affected thereby (it being understood that the addition or release of any Grantor hereunder shall not constitute a amendment, modification, waiver or consent affecting any Grantor other than the Grantor so added Issuer) to which such amendment or releasedwaiver is to apply, (ii) the Issuer and (iii) the Noteholder Collateral Agent (with the written consent of Required Secured Creditors)Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. (b) For the purpose of this Agreement, “Required Secured Creditors” shall mean (i) at any time when any Secured Obligations of the type described in Section 2(a) are outstanding, the Required Lenders (or, to the extent provided in Section 11.12 of the Credit Agreement, each of the Lenders) and (ii) at any time after all of the Secured Obligations of the type described in Section 2(a) have been paid in full, the holders of a majority of the Secured Third Party Credit Obligations. No failure on the part of the Noteholder Collateral Agent or any other Secured Creditor Party to exercise, and no delay in exercising any right hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. (b) Upon the execution and delivery, or authentication, by any Person of a security agreement supplement in substantially the form of Exhibit A hereto (each a “Collateral Agreement Supplement”), such Person shall be referred to as an “Additional Grantor” and shall

Amendments; Waivers; Additional Grantors; Etc. (a) No amendment, modification or waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by each Grantor directly affected thereby (it being understood that the addition or release of any Grantor hereunder shall not constitute a an amendment, modification, waiver or consent affecting any Grantor other than the Grantor so added or released) ), and the Collateral Agent (with at the written consent direction of the Required Secured Creditors), and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. (ba) For the purpose of this Agreement, “Required Secured Creditors” shall mean (i) at any time when any Secured Obligations of the type described in Section 2(a) are outstanding, the Required Lenders (or, to the extent provided in Section 11.12 9.08 of the Credit Agreement, each of the Lenders) ), and (ii) at any time after when all of the Secured Obligations of the type described in Section 2(a) have been paid in full, the holders of at least a majority of the outstanding Secured Third Party Credit ObligationsObligations of the types described in Sections 2(b) and 2(c). No failure on the part of the Collateral Agent or any other Secured Creditor to exercise, and no delay in exercising any right hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right.