Common use of Actions by Borrower Clause in Contracts

Actions by Borrower. No delay or omission on the Agent's or the Lenders' part in exercising their rights and remedies against Borrower or any other interested party shall constitute a waiver. A breach by Borrower of its obligations under this Agreement may be waived only by a written waiver executed by the Agent and the Lenders in accordance with Section 13. 1. The Agent's and the Lenders' waiver of Borrower's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, Borrower hereby agrees to waive, and does hereby absolutely and irrevocably waive, (a) all presentments, demands for performance, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Term Loan Notes; (b) any requirement of diligence or promptness on the Agent's or the Lenders' part in the enforcement of their rights under the provisions of this Agreement or any Lender Agreement; and (c) any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with respect to the Indebtedness evidenced by the Term Loan Notes or (ii) under any other Lender Agreement. No course of dealing between the Borrower and the Lenders shall waive or modify the terms and conditions hereof. This Agreement shall be amended only by a written instrument executed by the Agent and the Lenders. The Agent's and the Lenders' rights and remedies under this Agreement and under all subsequent agreements between the Agent, the Lenders and Borrower shall be cumulative and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders in law or at equity.

Actions by Borrower. No delay or omission on the Agent's or the Lenders' part in exercising their rights and remedies against the Borrower or any other interested party shall constitute a waiver. A breach by the Borrower of its obligations under this Agreement may be waived only by a written waiver executed by the Agent and the Lenders in accordance with Section 13.Section 110.1. The Agent's and the Lenders' waiver of the Borrower's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, the Borrower hereby agrees to waive, and does hereby absolutely and irrevocably waive, waive (a) all presentments, demands for performance, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Term Loan Notes; , (b) any requirement of diligence or promptness on the Agent's or the Lenders' part in the enforcement of their its rights under the provisions of this Agreement or any Lender Agreement; , and (c) any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with in respect to of the Indebtedness evidenced by the Term Loan Notes or any other Lender Obligation or (ii) under any other Lender Agreement. No course of dealing between the Borrower and the Agent or the Lenders shall waive operate as a waiver of any of the Agent's or modify the terms and conditions hereofLenders' rights under this Agreement or any Lender Agreement or with respect to any of the Lender Obligations. This Agreement shall be amended only by a written instrument executed by the Agent and the LendersLenders in accordance with Section 10.1 making explicit reference to this Agreement. The Agent's and the Lenders' rights and remedies under this Agreement and under all subsequent agreements between the Agent, the Lenders and the Borrower shall be cumulative and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders in law or at equity.

Actions by Borrower. No delay or omission on the Agent's or the Lenders' part in exercising their rights and remedies against the Borrower or any other interested party shall constitute a waiver. A breach by the Borrower of its obligations under this Agreement may be waived only by a written waiver executed by the Agent and the Lenders in accordance with Section 13.Section 111.1. The Agent's and the Lenders' waiver of the Borrower's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, the Borrower hereby agrees to waive, and does hereby absolutely and irrevocably waive, waive (a) all presentments, demands for performance, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Term Loan Notes; , (b) any requirement of diligence or promptness on the Agent's or the Lenders' part in the enforcement of their its rights under the provisions of this Agreement or any Lender Agreement; , and (c) except as otherwise expressly provided herein, any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with in respect to of the Indebtedness evidenced by the Term Loan Notes or any other Lender Obligation or (ii) under any other Lender Agreement. No course of dealing between the Borrower and the Agent or the Lenders shall waive operate as a waiver of any of the Agent's or modify the terms and conditions hereofLenders' rights under this Agreement or any Lender Agreement or with respect to any of the Lender Obligations. This Agreement shall be amended only by a written instrument executed by the Borrower, the Agent and the Lenders (or Required Lenders) in accordance with Section 11.1 making explicit reference to this Agreement. The Agent's and the Lenders' rights and remedies under this Agreement and under all subsequent agreements between the Agent, the Lenders and the Borrower shall be cumulative and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders in law or at equity.

Actions by Borrower. No delay or omission on the Agent's or the Lenders' part in exercising their rights and remedies against the Borrower or any other interested party shall constitute a waiver. A breach by the Borrower of its obligations under this Agreement may be waived only by a written waiver executed by the Agent and the Lenders in accordance with Section 13.Section 111.1. The Agent's and the Lenders' waiver of the Borrower's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, the Borrower hereby agrees to waive, and does hereby absolutely and irrevocably waive, waive (a) all presentments, demands for performance, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Term Loan Notes; , (b) any requirement of diligence or promptness on the Agent's or the Lenders' part in the enforcement of their its rights under the provisions of this Agreement or any Lender Agreement; , and (c) any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with in respect to of the Indebtedness evidenced by the Term Loan Notes or any other Lender Obligation or (ii) under any other Lender Agreement. No course of dealing between the Borrower and the Agent or the Lenders shall waive operate as a waiver of any of the Agent's or modify the terms and conditions hereofLenders' rights under this Agreement or any Lender Agreement or with respect to any of the Lender Obligations. This Agreement shall be amended only by a written instrument executed by the Borrower, the Agent and the LendersLenders in accordance with Section 11.1 making explicit reference to this Agreement. The Agent's and the Lenders' rights and remedies under this Agreement and under all subsequent agreements between the Agent, the Lenders and the Borrower shall be cumulative and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders in law or at equity.

Actions by Borrower. No delay or omission on the Agent's or the Lenders' part in exercising their rights and remedies against the Borrower or any other interested party shall constitute a waiver. A breach by the Borrower of its obligations under this Agreement may be waived only by a written waiver executed by the Agent and Agent, acting with the Lenders in accordance with Section 13. 1consent of the Majority Lenders. The Agent's and the Lenders' waiver of the Borrower's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, the Borrower hereby agrees to waive, and does hereby absolutely and irrevocably waive, waive (a) all presentments, demands for performance, notices of nonperformance, protests, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Term Loan Notes; , (b) any requirement of diligence or promptness on the Agent's or on the Lenders' part in the enforcement of their rights under the provisions of this Agreement or any other Lender Agreement; , and (c) any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with in respect to of the Indebtedness evidenced by the Term Loan Notes or any other Lender Obligation or (ii) under any other Lender Agreement, except as may be expressly provided under such Agreement. No course of dealing between the Borrower Borrower, the Agent and the Lenders shall waive operate as a waiver of any of the Agent's or modify the terms and conditions hereofLenders' rights under this Agreement or any other Lender Agreement or with respect to any of the Lender Obligations. This Agreement shall be amended only by a written instrument executed by the Borrower, the Agent and the LendersMajority Lenders making explicit reference to this Agreement. The Agent's and the Lenders' rights and remedies under this Agreement and under all subsequent agreements between or among the Agent, Borrower and the Agent and/or the Lenders and Borrower shall be cumulative and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders in law or at equity.

Actions by Borrower. No delay or omission on the Agent's or the Lenders' part in exercising their rights and remedies against the Borrower or any other interested party shall constitute a waiver. A breach by the Borrower of its obligations under this Agreement may be waived only by a written waiver executed by the Agent and the Lenders in accordance with Section 1311. 1. The Agent's and the Lenders' waiver of the Borrower's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, the Borrower hereby agrees to waive, and does hereby absolutely and irrevocably waive, waive (a) all presentments, demands for performance, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Term Loan Revolving Credit Notes; , (b) any requirement of diligence or promptness on the Agent's or the Lenders' part in the enforcement of their its rights under the provisions of this Agreement or any Lender Agreement; , and (c) any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with in respect to of the Indebtedness evidenced by the Term Loan Revolving Credit Notes or any other Lender Obligation or (ii) under any other Lender Agreement. No course of dealing between the Borrower and the Agent or the Lenders shall waive operate as a waiver of any of the Agent's or modify the terms and conditions hereofLenders' rights under this Agreement or any Lender Agreement or with respect to any of the Lender Obligations. This Agreement shall be amended only by a written instrument executed by the Agent and the LendersLenders in accordance with Section 11.1 making explicit reference to this Agreement. The Agent's and the Lenders' rights and remedies under this Agreement and under all subsequent agreements between the Agent, the Lenders and the Borrower shall be cumulative and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders in law or at equity.

Actions by Borrower. No delay or omission on the Agent's or the Lenders' part in exercising their rights and remedies against Borrower or any other interested party shall constitute a waiver. A breach by Borrower of its obligations under this Agreement may be waived only by a written waiver executed by the Agent and the Lenders in accordance with Section 13. 1. The Agent's and the Lenders' waiver of Borrower's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, Borrower hereby agrees to waive, and does hereby absolutely and irrevocably waive, (a) all presentments, demands for performance, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Term Loan Notes; Notes (b) any requirement of diligence or promptness on the Agent's or the Lenders' part in the enforcement of their rights under the provisions of this Agreement or any Lender Agreement; Agreement and (c) any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with m respect to of the Indebtedness evidenced by the Term Loan Notes or (ii) under any other Lender Agreement. No course of dealing between the Borrower and the Lenders shall waive or modify the terms and conditions hereof. This Agreement shall be amended only by a written instrument executed by the Agent and the LendersLenders in accordance with Section 11.3 making explicit reference to this Agreement. The Agent's and the Lenders' rights and remedies under this Agreement and under all subsequent agreements between the Agent, the Lenders and Borrower shall be cumulative and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders in law or at equity.

Actions by Borrower. No delay or omission on the Agent's or the Lenders' part in exercising their rights and remedies against the Borrower or any other interested party shall constitute a waiver. A breach by the Borrower of its obligations under this Agreement may be waived only by a written waiver executed by the Agent and the Lenders in accordance with Section 13.Section 111.1. The Agent's and the Lenders' waiver of the Borrower's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, the Borrower hereby agrees to waive, and does hereby absolutely and irrevocably waive, waive (a) all presentments, demands for performance, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Term Loan Revolving Credit Notes; , (b) any requirement of diligence or promptness on the Agent's or the Lenders' part in the enforcement of their its rights under the provisions of this Agreement or any Lender Agreement; , and (c) any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with in respect to of the Indebtedness evidenced by the Term Loan Revolving Credit Notes or any other Lender Obligation or (ii) under any other Lender Agreement. No course of dealing between the Borrower and the Agent or the Lenders shall waive operate as a waiver of any of the Credit Agreement 36 Agent's or modify the terms and conditions hereofLenders' rights under this Agreement or any Lender Agreement or with respect to any of the Lender Obligations. This Agreement shall be amended only by a written instrument executed by the Agent and the LendersLenders in accordance with Section 11.1 making explicit reference to this Agreement. The Agent's and the Lenders' rights and remedies under this Agreement and under all subsequent agreements between the Agent, the Lenders and the Borrower shall be cumulative and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders in law or at equity.

Actions by Borrower. No delay or omission on the Agent's or the LendersBanks' part in exercising their rights and remedies against Borrower the Borrowers or any other interested party shall constitute a waiver. A breach by Borrower the Loan Parties of its their obligations under this Agreement may be waived only by a written waiver executed by the Agent and Agent, acting with the Lenders in accordance with Section 13. 1consent of the Required Banks. The Agent's and the Lenders' waiver of Borrowera Loan Party's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, Borrower each Loan Party hereby agrees to waive, and does hereby absolutely and irrevocably waive, waive (a) all presentments, demands for performance, notices of nonperformance, protests, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Term Loan Notes; , (b) any requirement of diligence or promptness on the Agent's or on the LendersBanks' part in the enforcement of their rights under the provisions of this Agreement or any Lender Bank Agreement; , and (c) any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with in respect to of the Indebtedness evidenced by the Term Loan Notes or any other Bank Obligation or (ii) under any other Lender Bank Agreement. No course of dealing between the Borrower Loan Parties, the Agent and the Lenders Banks shall waive operate as a waiver of any of the Agent's or modify the terms and conditions hereofBanks' rights under this Agreement or any Bank Agreement or with respect to any of the Bank Obligations. This Agreement shall be amended only by a written instrument executed by the Agent Borrowers and the LendersRequired Banks making explicit reference to this Agreement. The Agent's and the LendersBanks' rights and remedies under this Agreement and under all subsequent agreements between or among the Agent, Borrowers and the Lenders and Borrower Agent and/or the Banks shall be cumulative and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders Banks in law or at equity.

Actions by Borrower. No delay or omission on the Agent's or the LendersBanks' part in exercising their rights and remedies against the Borrower or any other interested party shall constitute a waiver. A breach by Borrower the Loan Parties of its their obligations under this Agreement may be waived only by a written waiver executed by the Agent and Agent, acting with the Lenders in accordance with Section 13. 1consent of the Required Banks. The Agent's and the Lenders' waiver of Borrowera Loan Party's breach in one or more instances shall not constitute or otherwise be an implicit waiver of subsequent breaches. To the extent permitted by applicable law, Borrower each Loan Party hereby agrees to waive, and does hereby absolutely and irrevocably waive, waive (a) all presentments, demands for performance, notices of nonperformance, protests, notices of protest and notices of dishonor in connection with any of the Indebtedness evidenced by the Term Loan Notes; , (b) any requirement of diligence or promptness on the Agent's or on the LendersBanks' part in the enforcement of their rights under the provisions of this Agreement or any Lender Bank Agreement; , and (c) any and all notices of every kind and description which may be required to be given by any statute or rule of law with respect to its liability (i) under this Agreement or with in respect to of the Indebtedness evidenced by the Term Loan Notes or any other Bank Obligation or (ii) under any other Lender Bank Agreement. No course of dealing between the Borrower Loan Parties, the Agent and the Lenders Banks shall waive operate as a waiver of any of the Agent's or modify the terms and conditions hereofBanks' rights under this Agreement or any Bank Agreement or with respect to any of the Bank Obligations. This Agreement shall be amended only by a written instrument executed by the Agent Borrower and the LendersRequired Banks making explicit reference to this Agreement. The Agent's and the LendersBanks' rights and remedies under this Agreement and under all subsequent agreements between or among the Agent, Borrower and the Lenders and Borrower Agent and/or the Banks shall be cumulative and any rights and remedies expressly set forth herein shall be in addition to, and not in limitation of, any other rights and remedies which may be applicable to the Agent and the Lenders Banks in law or at equity.