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Consultation With Counsel and Interpretation of This Agreement
Consultation With Counsel and Interpretation of This Agreement contract clause examples

Amendments to this Agreement. Other than for Commitment Increases effected in accordance with [Section 2.08(e)], neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Borrower and the Required [[Consenting Lenders:Organization]] or by the Borrower and the Administrative Agent with the consent of the Required [[Consenting Lenders:Organization]]; provided that no such agreement shall:

8.2Amendments. Neither this Agreement or any other Loan Document nor any provision hereof or thereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Borrower and the Required [[Organization B:Organization]] (or by the Administrative Agent at the direction or with the consent of the Required [[Organization B:Organization]]); provided, however, that no such agreement shall:

Amendments to this Agreement. Except as provided in [Section 2.13(b)] and the definition ofModification Offer”, neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Borrower and the Required or by the Borrower and the Administrative Agent with the consent of the Required ; provided that no such agreement shall:

Section # Waivers; Amendments. Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the and the Required or by the and the Administrative Agent with the consent of the Required ; provided that no such agreement shall # increase the Commitment of any Lender without the written consent of such Lender, # reduce the principal amount of any Loan or reduce the rate of interest thereon, or reduce any fees payable hereunder, without the written consent of each Lender affected thereby, # postpone the scheduled date of payment of the principal amount of any Loan, or any interest thereon, or any fees payable hereunder, or reduce the amount of, waive or excuse any such payment, or postpone the scheduled date of expiration of any Commitment, without the written consent of each Lender affected thereby or # change any of the provisions of this [Section 9.02], [Section 2.14(c)], the definition of “Required ”, or any other provision hereof specifying the number or percentage of required to waive, amend or modify any rights hereunder or make any determination or grant any consent hereunder, without the written consent of each Lender; provided, further that no such agreement shall amend, modify or otherwise affect the rights or duties of the Administrative Agent hereunder without the prior written consent of the Administrative Agent. If the Administrative Agent and the acting together identify any ambiguity, omission, mistake, typographical error or other defect in any provision of this Agreement, then the Administrative Agent and the shall be permitted to amend, modify or supplement such provision to cure such ambiguity, omission, mistake, typographical error or other defect, and such amendment shall become effective without any further action or consent of any other party to this Agreement if the same is not objected to in writing by the Required within five Business Days of receipt of notice thereof.

Except as provided in the first sentence of [Section 2.09(f)] (with respect to any commitment increase), and subject to [Section 2.14(c)], neither this Agreement nor any other Loan Document nor any provision hereof or thereof may be waived, amended or modified except # in the case of this Agreement, pursuant to an agreement or agreements in writing entered into by the Borrowers and the Required Lenders or # in the case of any other Loan Document, pursuant to an agreement or agreements in writing entered into by the Administrative Agent and the Loan Party or Loan Parties that are parties thereto, with the consent of the Required Lenders; provided that no such agreement shall # increase the Commitment of any Lender without the written consent of such Lender (including any such Lender that is a Defaulting Lender), # reduce or forgive the principal amount of any Loan or LC Disbursement or reduce the rate of interest thereon, or reduce or forgive any interest or fees payable hereunder, without the written consent of each Lender (including any such Lender that is a Defaulting Lender) directly affected thereby, # postpone any scheduled date of payment of the principal amount of any Loan or LC Disbursement, or any date for the payment of any interest, fees or other Obligations payable hereunder, or reduce the amount of, waive or excuse any such payment, or postpone the scheduled date of expiration of any Commitment, without the written consent of each Lender (including any such Lender that is a Defaulting Lender) directly affected thereby, # change [Section 2.18(b) or (d)])] in a manner that would alter the manner in which payments are shared, without the written consent of each Lender (other than any Defaulting Lender), # increase the advance rates set forth in the definition of Borrowing Base (or modify any of the defined terms that are used in such definition to the extent that any such change results in more credit being made available to the Borrowers based upon the Borrowing Base, but not otherwise) or add new categories of eligible assets, without the written consent of each Revolving Lender (other than any Defaulting Lender), # change any of the provisions of this Section or the definition of “Required Lenders” or any other provision of any Loan Document specifying the number or percentage of Lenders required to waive, amend or modify any rights thereunder or make any determination or grant any consent thereunder, without the written consent of each Lender (other than any Defaulting Lender) directly affected thereby, # change [Section 2.20], without the consent of each Lender (other than any Defaulting Lender), # release any Guarantor from its obligation under its Loan Guaranty (except as otherwise permitted herein or in the other Loan Documents), without the written consent of each Lender (other than any Defaulting Lender), or # except as provided in clause (c) of this Section or in any Collateral Document, release all or substantially all of the Collateral, without the written consent of each Lender (other than any Defaulting Lender); provided further that no such agreement shall amend, modify or otherwise affect the rights or duties of the Administrative Agent, the Issuing Bank or the Swingline Lender hereunder without the prior written consent of the Administrative Agent, the Issuing Bank or the Swingline Lender, as the case may be (it being understood that any amendment to [Section 2.20] shall require the consent of the Administrative Agent, the Issuing Bank and the Swingline Lender); provided further that no such agreement shall amend or modify the provisions of [Section 2.07] or any letter of credit application and any bilateral agreement between the Borrower Representative and the Issuing Bank regarding the Issuing Bank’s Issuing Bank Sublimit or the respective rights and obligations between the Borrower and the Issuing Bank in connection with the issuance of Letters of Credit without the prior written consent of the Administrative Agent and the Issuing Bank, respectively. The Administrative Agent may also amend the Commitment Schedule to reflect assignments entered into pursuant to [Section 9.04]. Any amendment, waiver or other modification of this Agreement or any other Loan Document that by its terms affects the rights or duties under this Agreement of the Lenders of one or more Classes (but not the Lenders of any other Class), may be effected by an agreement or agreements in writing entered into by the Borrower and the requisite number or percentage in interest of each affected Class of Lenders that would be required to consent thereto under this Section if such Class of Lenders were the only Class of Lenders hereunder at the time.

None of this Agreement, any other Loan Document or any provision hereof or thereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Borrower and the Required Lenders or by the Borrower and the Administrative Agent with the consent of the Required Lenders; provided, however, that no such amendment, waiver or consent shall: # extend or increase the Commitment of any [[Organization C:Organization]] or any Issuing Bank (including, without limitation, amending the definition of “Applicable Percentage”) without the written consent of such [[Organization C:Organization]] or such Issuing Bank, as applicable, # reduce the principal amount of any Loan or Letter of Credit or reduce the rate of interest thereon, or reduce any fees payable hereunder, without the written consent of each [[Organization C:Organization]] directly affected thereby and, in the case of any Letter of Credit, the applicable Issuing bank, # postpone the scheduled date of payment of the principal amount of any Loan or Letter of Credit, or any interest thereon, or any fees payable hereunder, or reduce the amount of, waive or excuse any such payment, or postpone the scheduled date of expiration of any Commitment, without the written consent of each [[Organization C:Organization]] directly affected thereby and, if applicable, the applicable Issuing Bank; provided, however, that notwithstanding [clause (ii) or (iii) of this Section 9.02(b)], only the consent of the Required Lenders shall be necessary to waive any obligation of the Borrower to pay interest at the default rate set forth in [Section 2.10(f), (iv)])] change [Section 7.02] or [Section 2.15(b)], [Section 2.15(c)] or any other Section hereof providing for the ratable treatment of the Lenders, in each case in a manner that would alter the pro rata sharing of payments required thereby, without the written consent of each [[Organization C:Organization]], # release all or substantially all of the value of the Guaranties provided by the Guarantors, without the written consent of each [[Organization C:Organization]], except to the extent the release of any Guarantor is permitted pursuant to Article 8 or [Section 9.17] (in which case such release may be made by the Administrative Agent acting alone), # change any of the provisions of this Section or the percentage referred to in the definition of “Required Lenders” or any other provision hereof specifying the number or percentage of Lenders required to waive, amend or modify any rights hereunder or make any determination or grant any consent hereunder, without the written consent of each [[Organization C:Organization]] or # waive any condition set forth in [Section 4.01] (other than as it relates to the payment of fees and expenses of counsel), or, in the case of any Loans made on the Effective Date, [Section 4.02], without the written consent of each [[Organization C:Organization]] and each Issuing Bank. Notwithstanding anything to the contrary herein, no such agreement shall amend, modify or otherwise affect the rights or duties of the Administrative Agent or the Issuing Banks hereunder without the prior written consent of the Administrative Agent or the Issuing Banks, as the case may be (it being understood that any change to Sections 2.17 and 2.199] shall require the consent of the Administrative Agent and the Issuing Banks).

Neither this Agreement nor any provision hereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Company and the Required Lenders; provided, however, that no such agreement shall # decrease the principal amount of, or extend the maturity of or any scheduled principal payment date or date for the payment of any interest on any Loan, or waive or excuse any such payment or any part thereof, or decrease the rate of interest on any Loan (other than as a result of a waiver of default interest imposed pursuant to [Section 2.12(d)]), or amend or modify [Section 8.16], without the prior written consent of each Lender directly adversely affected thereby, # increase the Commitment, or decrease the commitment fees of any Lender without the prior written consent of such Lender or # amend or modify the provisions of [Section 8.4(h)] or this Section or the definition of the “Required Lenders”, without the prior written consent of each Lender; provided further, however, that no such agreement shall amend, modify or otherwise affect the rights or duties of any Administrative Agent hereunder without the prior written consent of such Administrative Agent. Each Lender shall be bound by any waiver, amendment or modification authorized by this Section and any consent by any Lender pursuant to this Section shall bind any assignee of its rights and interests hereunder. Further, notwithstanding anything to the contrary contained herein, if the Administrative Agents and the Company shall have jointly identified an obvious error or any error or omission of a technical or immaterial nature in any provision of the Loan Documents, then the Administrative Agents and the Company shall be permitted to amend such provision and such amendment shall become effective without any further action or consent of any other party to any Loan Document.

Except as expressly provided by [Section 2.11], Section 3.3(b), or in the other paragraphs of this Section 10.2, neither this Agreement, any other Loan Document nor any provision thereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Borrowers, the Administrative Agent and the Required Lenders, or by the Borrowers and the Administrative Agent with the consent of the Required Lenders; provided that no such agreement shall:

None of this Agreement, any other Loan Document or any provision hereof or thereof may be waived, amended or modified except pursuant to an agreement or agreements in writing entered into by the Borrower and the Required Lenders or by the Administrative Agent and the Borrower with the consent of the Required Lenders; provided that no such agreement shall:

Subject to [Section 2.13(e)] and [Section 9.02(c)] below, neither this Agreement nor any other Loan Document nor any provision hereof or thereof may be waived, amended or modified except # in the case of this Agreement, pursuant to an agreement or agreements in writing entered into by the Borrowers and the Required , and # in the case of any other Loan Document, pursuant to an agreement or agreements in writing entered into by the Administrative Agent and the Loan Parties party thereto, with the consent of the Required ; provided that no such agreement shall # increase the Commitment of any Lender without the written consent of such Lender (including any such Lender that is a Defaulting Lender) directly affected thereby, # reduce the principal amount of any Loan or LC Disbursement or reduce the rate of interest thereon, or reduce any fees payable hereunder, without the

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