Consents Amendments and Waivers Sample Clauses

Consents Amendments and Waivers. Subject to Sections, 13.8(a), (b) and (c), any term of this Agreement may be amended, and the observance of any term hereof may be waived (either generally or in a particular instance), only with the written consent of the 63% in Interest Additional Purchasers as provided in Sections 13.8(c) and (d) and the written consent of the Company. Any amendment or waiver effected in accordance with this Section 12.8 shall be binding upon each of the parties hereto. (a) Subject to the terms of Sections 13.8(b) and (c), and except to the extent expressly provided in Section 9, to the extent that (i) the terms of this Agreement require a Credit Party to obtain the consent or approval of the Additional Purchasers, (ii) the terms of this Agreement require or permit the Collateral Agent to take any action, including but not limited to declaring an Event of Default, (iii) a Credit Party seeks an amendment to or termination of any of the terms of this Agreement or (iv) a Credit Party seeks a waiver of any right of the Additional Purchasers under this Agreement, such consent, approval, action, termination, amendment or waiver (each, an "Approval") shall be made by a 63% in Interest Additional Purchasers. (b) Notwithstanding anything to the contrary contained in Section 12.8(a), the Purchasers and the Company shall not, without the prior written consent and approval of at least the Supermajority Additional Purchasers, amend, modify, terminate or obtain a waiver of any provision of this Agreement, which will have the effect of (i) reducing the principal amount of any Notes or of any payment required to be made to the holders thereof, or modifying the terms of a payment or prepayment thereof or (ii) reducing the rate or extending the time for payment of interest under any Notes or (iii) releasing any collateral. (c) Notwithstanding anything to the contrary contained in this Section 12.8, the Purchasers and the Company shall not, without the prior written consent and approval of at least the 63% in Interest Purchasers, amend, modify, terminate or obtain a waiver of any provision of Section 7, Section 9 or Section 12 of this Agreement. (d) Notwithstanding anything to the contrary contained in Section 12.8(a), following a default pursuant to Section 6.1(a) hereof (a) each Additional Purchaser shall be permitted to exercise all of its rights and remedies under this Agreement, the Note held by such Additional Purchaser, and the Transaction Documents individually, and (b) the Compan...

Consents Amendments and Waivers. Any term of this Agreement may be amended, and the observance of any term hereof may be waived (either generally or in a particular instance), only with the written consent of the 63% in Interest Purchasers and the written consent of the Company. Any amendment or waiver effected in accordance with this Section 8.8 shall be binding upon each of the parties hereto.

Consents Amendments and Waivers. Neither this Agreement nor any of the other Credit Documents, nor any provision hereof or thereof, may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by, or approved in writing by the Borrower and the Lender.

Consents Amendments and Waivers. Any term of this Agreement may be amended, and the performance or observance by the Grantors of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) only in accordance with the terms of Section 11.1 of the Credit Agreement all of which are incorporated herein by reference.

Consents Amendments and Waivers. No amendment, waiver, or consent of any provision of this Agreement shall be effective unless in writing and signed by the Director and the Lender. Each waiver, if any, shall be a waiver only with respect to the specific instance involved and shall in no way impair the rights of the waiving party or the obligations of the Company to either party in any other respect at any other time.

Consents Amendments and Waivers. Any consent or approval -------------------------------- required or permitted by this Agreement to be given by all of the Banks may be given, and any term of this Agreement or any instrument related hereto may be amended, and the performance or observance by the Company or any of its Subsidiaries of any terms of this Agreement or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Company and the written consent of the Majority Banks. Notwithstanding the foregoing, the rate of interest on the Notes, the term of the Notes, the Total Commitment, the Commitment Percentage of any Bank, and the amount of the Annual Fee and Commitment Fee hereunder may not be changed without the written consent of the Company and the written consent of each Bank affected thereby; the definition of Majority Banks may not be amended without the written consent of all of the Banks; and the amount of the agents' fees and Section 10 may not be amended without the written consent of the Administrative Agent and, if affected thereby, the Syndication Agent and/or Documentation Agent. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Administrative Agent or any Bank in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Company shall entitle the Company to other or further notice or demand in similar or other circumstances.

Consents Amendments and Waivers i.
.. Amendment . No modification of any Loan Document, including any extension or amendment of a Loan Document or any waiver of a Default or Event of Default, shall be effective without the prior written agreement of the Required Lenders and each Obligor party to such Loan Document, and acknowledgment by the Administrative Agent; provided, however, that (a) without the prior written consent of Administrative Agent, no modification shall be effective with respect to any provision in a Loan Document that relates to any rights, duties or discretion of Administrative Agent; (b) [reserved]; (c) without the prior written consent of each affected Lender, no modification shall be effective that would (i) increase the Term Loan Commitment of such Lender; or (ii) reduce the amount of, or waive or delay payment of, any principal, interest or fees payable to such Lender (other than waiver of default interest or waiver of any Default or Event of Default); and (d) without the prior written consent of each affected Lender (except a Defaulting Lender as provided in Section 4.2), no modification shall be effective that would (i) extend the Initial Maturity Date; (ii) alter Sections 5.6 or 15.1.1; (iii) amend the definitions of Pro Rata or Required Lenders; (iv) increase total Term Loan Commitments; (vi) release Collateral with a book value greater than $10,000,000 during any calendar year, except as contemplated by the Loan Documents; or (vii) release any Obligor from liability for any Obligations if such Obligor is Solvent at the time of the release, except as permitted by the Loan Documents.

Consents Amendments and Waivers. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Lender may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Lender. No waiver shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Lender in exercising any right shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

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