An amendment or waiver Clause Samples

An amendment or waiver clause defines the process by which changes to the terms of an agreement can be made or certain provisions can be set aside. Typically, this clause requires that any modifications or waivers be made in writing and agreed upon by all parties involved, ensuring that informal or unintended changes are not enforceable. Its core function is to maintain contractual certainty and prevent disputes by clearly outlining how and when the contract can be altered or exceptions granted.
An amendment or waiver. (which may be documented by a Reference Rate Supplement) that relates to, or has the effect of, aligning the means of calculation of interest on a Compounded Rate Loan under this Agreement to any recommendation of a Relevant Nominating Body which: i) relates to the use of the RFR on a compounded basis in the international or any relevant domestic syndicated loan markets; and ii) is issued on or after the date of this Agreement, may be made with the consent of the Lender and the Borrower.
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An amendment or waiver. (a) subject to paragraph (b) to (h) below, in respect of the Restructuring Terms may be made in writing by each of: (i) the Company; (ii) the Super Majority Consenting Creditors; and (iii) each of the Fronting Banks, save in relation to: (A) any agreements or other documents contemplated by the Equity Term Sheet; (B) the New Trading Co Bonds (save to the extent required to ensure that the terms of the New Trading Co Bonds are consistent with the Intercreditor Principles Term Sheet); (C) the New Trading Hold Co Bonds; and (D) any agreements or other documents in relation to the exchange solicitation with respect to the Existing Perpetual Capital Securities, in each case each acting reasonably; (b) in respect of the Restructuring Terms, the Restructuring Steps or the Restructuring Milestones which would result in substantially the same commercial and economic outcome for all Parties to that resulting from the implementation of the Restructuring Terms then in effect may be made in writing by the Company, the Fronting Banks and the Ad Hoc Group; (c) which would amend the definitions of “Agreed Form” or “Final Longstop Date” or Clauses 16.1 (Automatic Termination), 16.7 (Effect of Termination), 21 (Governing Law), 22 (Enforcement) or this Clause 19 shall not be made without the consent of each Party; (d) which would amend the definition of “Original Longstop Date” and “Longstop Date” may be made in writing by the Company, the Majority Consenting Creditors and each Bilateral Bank; (e) which would amend the definitions of “Majority Consenting Creditors”, “Super Majority Consenting Creditors” or Clauses 5.9 (Consenting Creditor undertakings) or 16.3 (Termination by an Individual Consenting Creditor) may be made in writing by the Company and each Consenting Creditor; (f) which would amend Clause 5.10 (Existing Trade Finance Provider Undertakings) may be made in writing by the Company and each Existing Trade Finance Provider; (g) which would amend Clause 5.11 (Fronting Bank Undertakings) may be made in writing by the Company and each Fronting Bank; or (h) which would disproportionally affect in an adverse manner or impose new or additional obligations on or withdraw or reduce the rights of: (i) the Existing 2018 Note Creditors considered collectively, the Existing 2020 Note Creditors considered collectively, the Existing 2022 Note Creditors considered collectively or the Existing RCF Creditors considered collectively when compared with the other Existing Senior Cred...
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An amendment or waiver. (a) subject to paragraph (b) to (h) below, in respect of the Restructuring Terms may be made in writing by each of: (i) the Company; (ii) the Super Majority Consenting Creditors; and (iii) each of the Fronting Banks, save in relation to: (A) any agreements or other documents contemplated by the Equity Term Sheet; (B) the New Trading Co Bonds (save to the extent required to ensure that the terms of the New Trading Co Bonds are consistent with the Intercreditor Principles Term Sheet); (C) the New Trading Hold Co Bonds; and
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An amendment or waiver. (a) subject to paragraph (b) to (h) below, in respect of the Restructuring Terms may be made in writing by each of: (i) the Company; (ii) the Super Majority Consenting Creditors; and (iii) each of the Fronting Banks, save in relation to: (A) any agreements or other documents contemplated by the Equity Term Sheet; (B) the New Trading Co Bonds (save to the extent required to ensure that the terms of the New Trading Co Bonds are consistent with the Intercreditor Principles Term Sheet); (C) the New Trading Hold Co Bonds; and (D) any agreements or other documents in relation to the exchange solicitation with respect to the Existing Perpetual Capital Securities, in each case each acting reasonably; (b) in respect of the Restructuring Terms, the Restructuring Steps or the Restructuring Milestones which would result in substantially the same commercial and economic outcome for all Parties to that resulting from the implementation of the Restructuring Terms then in effect may be made in writing by the Company, the Fronting Banks and the Ad Hoc Group;
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Related to An amendment or waiver

  • Amendment or Waiver Every right and remedy provided herein shall be cumulative with every other right and remedy, whether conferred herein, at law, or in equity, and may be enforced concurrently herewith, and no waiver by any party of the performance of any obligation by the other shall be construed as a waiver of the same or any other default then, theretofore, or thereafter occurring or existing. At any time prior to the Closing Date, this Agreement may be amended by a writing signed by all parties hereto, with respect to any of the terms contained herein, and any term or condition of this Agreement may be waived or the time for performance hereof may be extended by a writing signed by the party or parties for whose benefit the provision is intended.

  • Modification, Amendment, or Waiver This Agreement may only be modified, amended, or waived by mutual written agreement or in accordance with Section 7.03(e). No course of dealing between the Parties will modify, amend, or waive any provision of this Agreement or any rights or obligations of any Party under this Agreement.

  • Amendment or Waiver; etc (a) Neither this Agreement nor any other Credit Document nor any terms hereof or thereof may be changed, waived, discharged or terminated unless such change, waiver, discharge or termination is in writing signed by the respective Credit Parties party hereto or thereto and the Required Lenders (although additional parties may be added to (and annexes may be modified to reflect such additions), and Subsidiaries of the Borrower may be released from, the Subsidiaries Guaranty and the Security Documents in accordance with the provisions hereof and thereof without the consent of the other Credit Parties party thereto or the Required Lenders), provided that no such change, waiver, discharge or termination shall, without the consent of each Lender (other than a Defaulting Lender) (with Obligations being directly affected in the case of following clause (i) or clause (ix)), (i) extend the final scheduled maturity of any Loan or Note or extend the stated expiration date of any Letter of Credit beyond the Revolving Loan Maturity Date, or reduce the rate or extend the time of payment of interest or Fees thereon (except in connection with the waiver of applicability of any post-default increase in interest rates), or reduce (or forgive) the principal amount thereof (it being understood that any amendment or modification to the financial definitions in this Agreement or to Section 13.07(a) shall not constitute a reduction in the rate of interest or Fees for the purposes of this clause (i)), (ii) release all or substantially all of (x) the Collateral (except as expressly provided in the Credit Documents) under all the Security Documents or (y) the Subsidiary Guarantors under the Subsidiaries Guaranties, (iii) amend, modify or waive any provision of this Section 13.12(a) (except for technical amendments with respect to additional extensions of credit pursuant to this Agreement which afford the protections to such additional extensions of credit of the type provided to the Revolving Loan Commitments on the Effective Date), (iv) reduce the “majority” voting threshold specified in the definition of Required Lenders (it being understood that, with the consent of the Required Lenders, additional extensions of credit pursuant to this Agreement may be included in the determination of the Required Lenders on substantially the same basis as the extensions of Revolving Loan Commitments are included on the Effective Date), (v) consent to the assignment or transfer by the Borrower of any of its rights and obligations under this Agreement, (vi) increase the advance rates applicable to the Borrowing Base over those in effect on the Initial Borrowing Date (it being understood that the establishment, modification or elimination of Reserves and adjustment, establishment and elimination of criteria for Eligible Accounts and Eligible Inventory, in each case by Administrative Agent in accordance with the terms hereof, will not be deemed such an increase in advance rates), (vii) increase the percentage of the Borrowing Base for which Agent Advances may be made pursuant to Section 2.01(e), (viii) increase the Total Commitment (other than as contemplated by Section 2.14) or (ix) or increase the Revolving Loan Commitment of any Lender; provided further, that no such change, waiver, discharge or termination shall (1) without the consent of each Issuing Lender, amend, modify or waive any provision of Section 1 or alter its rights or obligations with respect to Letters of Credit, (2) without the consent of the Swingline Lender, alter the Swingline Lender’s rights or obligations with respect to Swingline Loans, (3) without the consent of the Administrative Agent, amend, modify or waive any provision of Section 12 or any other provision as same relates to the rights or obligations of the Administrative Agent, or (4) without the consent of Collateral Agent, amend, modify or waive any provision relating to the rights or obligations of the Collateral Agent. (b) If, in connection with any proposed change, waiver, discharge or termination of or to any of the provisions of this Agreement as contemplated by clauses (i) through (v), inclusive, of the first proviso to Section 13.12(a), the consent of the Required Lenders is obtained but the consent of one or more of such other Lenders whose consent is required is not obtained, then the Borrower shall have the right, so long as all non-consenting Lenders whose individual consent is required are treated as described in either clause (A) or (B) below, to either (A) replace each such non-consenting Lender or Lenders (or, at the option of the Borrower, if the respective Lender’s consent is required with respect to less than all Tranches of Loans (or related Revolving Loan Commitments), to replace only the Revolving Loan Commitments and/or Loans of the respective non-consenting Lender which gave rise to the need to obtain such Lender’s individual consent) with one or more Replacement Lenders pursuant to Section 2.13 so long as at the time of such replacement, each such Replacement Lender consents to the proposed change, waiver, discharge or termination or (B) terminate such non-consenting Lender’s Revolving Loan Commitment (if such Lender’s consent is required as a result of its Revolving Loan Commitment) the outstanding Loans of such Lender which gave rise to the need to obtain such Lender’s consent and/or cash collateralize its applicable RL Percentage of the Letter of Credit of Outstandings, in accordance with Sections 4.02(b) and/or 5.01(b), provided that, unless the Revolving Loan Commitments which are terminated and Loans which are repaid pursuant to preceding clause (B) are immediately replaced in full at such time through the addition of new Lenders or the increase of the Revolving Loan Commitments and/or outstanding Loans of existing Lenders (who in each case must specifically consent thereto), then in the case of any action pursuant to preceding clause (B), the Required Lenders (determined after giving effect to the proposed action) shall specifically consent thereto, provided, further, that the Borrower shall not have the right to replace a Lender, terminate its Revolving Loan Commitment or repay its Loans solely as a result of the exercise of such Lender’s rights (and the withholding of any required consent by such Lender) pursuant to the second proviso to Section 13.12(a).

  • No Amendment or Waiver No provision of a Receivable has been waived, altered or modified in any respect, except pursuant to a document, instrument or writing included in the Receivable Files and no such amendment, waiver, alteration or modification causes such Receivable not to conform to the other warranties contained in this Section.

  • Effect of Amendment or Waiver Any such amendment or waiver shall apply equally to all of the holders of the Notes and shall be binding upon them, upon each future holder of any Note and upon the Company, whether or not such Note shall have been marked to indicate such amendment or waiver. No such amendment or waiver shall extend to or affect any obligation not expressly amended or waived or impair any right consequent thereon.