Common use of Effect and Construction of Agreement Clause in Contracts

Effect and Construction of Agreement. Except as expressly provided herein, the Financing Agreement and the other Loan Documents are hereby ratified and confirmed and shall be and shall remain in full force and effect in accordance with their respective terms, and this Agreement shall not be construed to: (i) impair the validity, perfection or priority of any lien or security interest securing the Obligations; (ii) waive or impair any rights, powers or remedies of Agent and Lenders under the Financing Agreement or the other Loan Documents upon termination of the Forbearance Period; (iii) constitute an agreement by Agent or Lenders or require Agent and Lenders to extend the Forbearance Period, or grant additional forbearance periods, or extend the term of the Financing Agreement or the time for payment of any of the Obligations; or (iv) make any loans or other extensions of credit to Companies after termination of the Forbearance Period. In the event of any inconsistency between the terms of this Agreement and the Loan Documents, this Agreement shall govern. Each of each Company and Parent acknowledges that it has consulted with counsel and with such other experts and advisors as it has deemed necessary in connection with the negotiation, execution and delivery of this Agreement. This Agreement shall be construed without regard to any presumption or rule requiring that it be construed against the party causing this Agreement or any part hereof to be drafted.

Effect and Construction of Agreement. Except as expressly provided herein, the Financing Agreement Loan Agreement, the Security Documents and the other Loan Documents Other Agreements are hereby ratified and confirmed and shall be and shall remain in full force and effect in accordance with their respective terms, and this Agreement shall not be construed to: (i) impair the validity, perfection or priority of any lien or security interest securing the Obligations; (ii) waive or impair any rights, powers or remedies of Agent and Lenders or Lender under the Financing Agreement Loan Agreement, the Security Documents or the other Loan Documents Other Agreements upon termination of the Forbearance Period; (iii) constitute an agreement by Agent or Lenders Lender or require Agent and Lenders or Lender to extend the Forbearance Period, or grant additional forbearance periods, or extend the term of the Financing Loan Agreement or the time for payment of any of the Obligationsobligations; or (iv) make any loans Loans or other extensions of credit to Companies Borrowers after termination of the Forbearance Period. In the event of any inconsistency between the terms of this Agreement and the Loan DocumentsAgreement, the Security Documents or the Other Agreements, this Agreement shall govern. Each of each Company and Parent Credit Party acknowledges that it has consulted with counsel and with such other experts and advisors as it has deemed necessary in connection with the negotiation, execution and delivery of this Agreement. This Agreement shall be construed without regard to any presumption or rule requiring that it be construed against the party causing this Agreement or any part hereof to be drafted.

Effect and Construction of Agreement. Except as expressly provided herein, the Financing Credit Agreement and the other Loan Documents are hereby ratified and confirmed and shall be and shall remain in full force and effect in accordance with their respective terms, and this Agreement shall not be construed to: (i) impair the validity, perfection or priority of any lien or security interest securing the Obligations; (ii) waive or impair any rights, powers or remedies of Administrative Agent and or the Lenders under the Financing Credit Agreement or the other Loan Documents upon termination of the Forbearance PeriodDocuments; (iii) constitute an agreement by Administrative Agent or the Lenders or require Administrative Agent and or the Lenders to extend the Forbearance Period, or grant additional forbearance periods, or extend the term of the Financing Credit Agreement or the time for payment of any of the Obligations; or (iv) make any loans Loans or other extensions of credit to Companies after termination Borrowers, except in accordance with the terms of the Forbearance PeriodCredit Agreement, as amended hereby. This Agreement shall not be deemed to evidence or result in a novation of the Credit Agreement. In the event of any inconsistency between the terms of this Agreement and the Credit Agreement or the Loan Documents, this Agreement shall govern. Each of each Company Borrowers and Parent acknowledges Guarantors acknowledge that it has they have consulted with counsel and with such other experts and advisors as it has deemed necessary in connection with the negotiation, execution and delivery of this Agreement. This Agreement shall be construed without regard to any presumption or rule requiring that it be construed against the party causing this Agreement or any part hereof to be drafted.