Common use of Agreement to Forbear Clause in Contracts

Agreement to Forbear. 2.1 Provided that no Forbearance Default occurs, Lender hereby agrees to refrain, through the Termination Date, from exercising any of its rights and remedies under the Credit Agreement or any of the other Loan Documents that may exist by virtue of the Term Loan Default. 2.2 Nothing in this Forbearance shall be construed as a waiver of or acquiescence to any other Default or Event of Default which shall continue in existence subject only to the agreement of Lender, as set forth herein, not to enforce its remedies for a limited period of time with respect to the Term Loan Default. Except as expressly provided herein, the execution and delivery of this Forbearance shall not: (a) constitute an extension, modification, or waiver of any aspect of the Credit Agreement or the other Loan Documents; (b) extend the terms of the Credit Agreement or the due date of any of the Obligations thereunder or in any other Loan Document; (c) give rise to any obligation on the part of Lender to extend, modify or waive any term or condition of the Credit Agreement or any of the other Loan Documents; or (d) give rise to any defenses or counterclaims to the right of Lender to compel payment of the Obligations or to otherwise enforce its rights and remedies under the Credit Agreement and the other Loan Documents. Except as expressly limited herein, Lender hereby expressly reserves all of its rights and remedies under the Loan Documents and under applicable law with respect to the Term Loan Default. From and after the Termination Date, Lender shall be entitled to enforce the Loan Documents according to the original terms thereof.

Agreement to Forbear. 2.1 The Recitals set forth above are fully incorporated herein by this reference. Provided that no Forbearance Default occurs, the Lender hereby agrees to refrain, refrain through the Termination Date, Date from exercising any of its rights and remedies under the Credit Agreement Loan Agreements, or any of the other Loan Documents that may exist by virtue of the Term Loan DefaultExisting Defaults. 2.2 Nothing in this Forbearance Agreement shall be construed as to be a waiver of or acquiescence to in any other Default or Event of Default which Existing Default, and all such Existing Defaults shall continue in existence existence, subject only to the agreement of Lender's agreement, as set forth herein, not to enforce its remedies for a limited period of time with respect to the Term Loan Defaulttime. Except as expressly provided hereinset forth in Section 4 below, the execution and delivery of this Forbearance Agreement shall not: not (ai) constitute an extension, modification, or waiver of any aspect of the Credit Agreement Loan Agreements or the other Loan Documents; (bii) extend the terms of the Credit Agreement Loan Agreements or the due date of any of the Obligations thereunder or in any other Loan DocumentBorrower's Obligations; (ciii) give rise to any obligation on the part of Lender to extend, modify modify, or waive any term or condition aspect of the Credit Agreement Loan Agreements or any of the other Loan Documents; or (div) give rise to any defenses or counterclaims to the Lender's right of Lender to compel payment of the Obligations Borrower's Obligations, or to otherwise enforce its rights and remedies under the Credit Agreement Loan Agreements and the other Loan Documents. Except as expressly limited herein, Lender hereby expressly reserves all of its rights and remedies under the Loan Documents and under applicable law with respect to such Existing Defaults, including, without limitation, the Term Loan DefaultLender's right to charge interest on Borrower's Obligations at the Default Rate. From and after the Termination Date, the Lender shall be entitled to enforce the Loan Documents according to the original terms thereofof the Loan Documents.

Agreement to Forbear. 2.1 2A.1 Provided that no Forbearance Default occurs, Lender hereby agrees to refrain, refrain through the Termination Date, Date from exercising any of its rights and remedies under the Credit Agreement or any of the other Loan Documents that may exist by virtue of the Term Loan DefaultExisting Defaults or Existing Forbearance Defaults. 2.2 2A.2 Nothing in this Forbearance Agreement shall be construed as a waiver of or acquiescence to of any other Existing Default or Event of Default Existing Forbearance Defaults, which shall continue in existence subject only to the agreement of Lender’s agreement, as set forth herein, not to enforce its remedies for a limited period of time with respect to the Term Loan Defaulttime. Except as expressly provided herein, the execution and delivery of this Forbearance Agreement shall not: : (a) constitute an extension, modification, or waiver of any aspect of the Credit Agreement or the other Loan Documents; (b) extend the terms of the Credit Agreement or the due date of any of the Obligations thereunder or in any other Loan DocumentObligations; (c) give rise to any obligation on the part of Lender to extend, modify or waive any term or condition of the Credit Agreement or any of the other Loan Documents; or (d) give rise to any defenses or counterclaims to the Lender’s right of Lender to compel payment of the Obligations or to otherwise enforce its rights tights and remedies under the Credit Agreement and the other Loan Documents. Except as expressly limited herein, Lender hereby expressly reserves all of its rights and remedies under the Loan Documents and under applicable law with respect to the Term Loan such Existing Default or Existing Forbearance Default. From and after the Termination Date, Date Lender shall be entitled to enforce the Loan Documents according to the original terms thereofof the Loan Documents as herein amended by this Agreement.

Agreement to Forbear. 2.1 Provided that no Forbearance Default occurs, Lender hereby agrees to refrain, The Consenting Holders shall refrain through the Termination DateEvent from taking any action to accelerate the Notes or exercising (including, from exercising by giving all necessary instructions permitted in accordance with the Indenture to the Trustee) any of its their rights and remedies under the Credit Agreement Indenture, the Notes, the Security Documents or any of the other Loan Documents applicable law that may exist by virtue of the Term Loan Existing Default. 2.2 Nothing in this Forbearance Agreement shall be construed as a waiver of or acquiescence to any other Default or Event of Default the Existing Default, which shall continue in existence subject only to the agreement of Lenderthe Consenting Holders, as set forth herein, not to enforce its their rights or remedies for a limited period of time with respect or to direct the Term Loan Default. Trustee to enforce their rights or remedies until the Termination Event. 2.3 Except as expressly provided herein, the execution and delivery of this Forbearance Agreement shall not: : (a) constitute an extension, modification, modification or waiver of any aspect of the Credit Agreement Indenture, the Notes or the other Loan Documentsany Security Document; (b) extend the terms of the Credit Agreement Indenture, the Notes or any Security Document or the due date of any of the Obligations thereunder principal or in any other Loan Documentinterest payments due on the Notes; (c) give rise to any obligation on the part of Lender the Consenting Holders to extend, modify or waive any term or condition of the Credit Agreement Indenture, the Notes or any of the other Loan DocumentsSecurity Document; or (d) give rise to any defenses or counterclaims to the right of Lender the Consenting Holders to compel payment of the Obligations principal or interest payments due on the Notes or to otherwise enforce its their rights or remedies under the Indenture, the Notes or any Security Document. 2.4 Except as expressly set forth herein, the Consenting Holders hereby expressly reserve all of their rights and remedies under the Credit Agreement Indenture, the Notes and the other Loan Documents. Except as expressly limited herein, Lender hereby expressly reserves all of its rights and remedies under the Loan Security Documents and under applicable law with respect to the Term Loan Existing Default. From and after the Termination DateEvent, Lender the Consenting Holders shall be entitled to enforce the Loan Indenture, the Notes and the Security Documents according to the original in accordance with their terms thereofand applicable law.