Common use of Effect and Construction of Forbearance Clause in Contracts

Effect and Construction of Forbearance. Except as otherwise expressly provided herein, the Credit Agreement and the other Loan Documents shall remain in full force and effect in accordance with their respective terms, and neither this Forbearance nor the making of any Loans or other Credit Extensions simultaneously herewith or subsequent hereto shall 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 the Administrative Agent or the Lenders under the Credit Agreement and the other Loan Documents upon the Forbearance Termination Date, with respect to the Specified Defaults or otherwise; (iii) constitute an agreement by the Administrative Agent or the Lenders or require the Administrative Agent or the Lenders to extend the Forbearance Period or further forbear from exercising its rights and remedies under the Credit Agreement, the Loan Documents or applicable law, extend the term of the Credit Agreement or the time for payment of any of the Obligations; (iv) require the Administrative Agent or the Lenders to make any Loans or other Credit Extensions to the Borrower after the occurrence of the Forbearance Termination Date, other than in the Administrative Agent’s and the Lenders’ sole and absolute discretion; or (v) constitute a forbearance or waiver of any right of the Administrative Agent’s or the Lenders to insist on strict compliance by the Borrower with each and every term, condition and covenant of this Forbearance and the Loan Documents, except as expressly otherwise provided herein.

Effect and Construction of Forbearance. Except as otherwise expressly provided herein, the Credit Loan Agreement and the other Loan Documents shall remain in full force and effect in accordance with their respective terms, and neither this Forbearance nor the making of any Loans or other Credit Extensions simultaneously herewith or subsequent hereto Agreement shall not be construed to: (ia) impair the validity, perfection or priority of any lien or security interest securing the Secured Obligations; (iib) waive or impair any rights, powers or remedies of the Administrative Agent or the Lenders under the Credit Loan Agreement and the other Loan Documents upon termination of the Forbearance Termination DatePeriod, with respect to the Specified Existing Defaults or otherwise; (iiic) constitute an agreement by the Administrative Agent or the Lenders or require the Administrative Agent or the Lenders to extend the Forbearance Period or further forbear from exercising its rights and remedies under the Credit Agreement, the Loan Documents grant additional forbearance periods or applicable law, extend the term of the Credit Loan Agreement or the time for payment of any of the Secured Obligations; (ivd) require the Administrative Agent or the Lenders to make any Revolving Credit Loans or other Credit Extensions extensions of credit to the Borrower Borrowers other than in Agent's or Lender's sole and absolute discretion whether before or after the occurrence termination of the Forbearance Termination Date, other than in the Administrative Agent’s and the Lenders’ sole and absolute discretionPeriod; or (ve) constitute a forbearance or waiver of any right of the Administrative Agent’s Agent or the Lenders to insist on strict compliance by the Borrower Borrowers with each and every term, condition and covenant of this Forbearance Agreement and the Loan Documents. This Forbearance Agreement does not constitute an amendment to the Loan Agreement, but rather, constitutes a temporary supplement thereto. The terms and provisions of the Loan Agreement and the other Loan Documents are expressly incorporated by reference herein except as expressly to the extent such terms and provisions conflict with the terms and provisions of this Forbearance Agreement, in which case, during the Forbearance Period, but not otherwise provided hereinthe terms of this Forbearance Agreement shall control.

Effect and Construction of Forbearance. Except as otherwise expressly provided herein, the Credit Loan Agreement and the other Loan Documents shall remain in full force and effect in accordance with their respective terms, and neither this Forbearance nor the making of any Loans or other Credit Extensions simultaneously herewith or subsequent hereto Agreement shall not be construed to: (ia) impair the validity, perfection or priority of any lien or security interest securing the Secured Obligations; (iib) waive or impair any rights, powers or remedies of the Administrative Agent or the Lenders under the Credit Loan Agreement and the other Loan Documents upon termination of the Forbearance Termination DatePeriod, with respect to the Specified Defaults Existing Default or otherwise; (iiic) constitute an agreement by the Administrative Agent or the Lenders or require the Administrative Agent or the Lenders to extend the Forbearance Period or further forbear from exercising its rights and remedies under the Credit Agreement, the Loan Documents grant additional forbearance periods or applicable law, extend the term of the Credit Loan Agreement or the time for payment of any of the Secured Obligations; (ivd) require the Administrative Agent or the Lenders to make any Revolving Credit Loans or other Credit Extensions extensions of credit to the Borrower Borrowers other than in Agent's or Lender's sole and absolute discretion or after the occurrence termination of the Forbearance Termination Date, other than in the Administrative Agent’s and the Lenders’ sole and absolute discretionPeriod; or (ve) constitute a forbearance or waiver of any right of the Administrative Agent’s Agent or the Lenders to insist on strict compliance by the Borrower Borrowers with each and every term, condition and covenant of this Forbearance Agreement and the Loan Documents. This Forbearance Agreement does not constitute an amendment to the Loan Agreement, but rather, constitutes a temporary supplement thereto. The terms and provisions of the Loan Agreement and the other Loan Documents are expressly incorporated by reference herein except as expressly to the extent such terms and provisions conflict with the terms and provisions of this Forbearance Agreement, in which case, during the Forbearance Period, but not otherwise provided hereinthe terms of this Forbearance Agreement shall control.

Effect and Construction of Forbearance. Except as otherwise expressly provided herein, the Credit Agreement and the other Loan Documents shall remain in full force and effect in accordance with their respective terms, and neither this Forbearance Agreement nor the making of any Revolving Loans or other Credit Extensions simultaneously herewith or subsequent hereto shall 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 the Administrative Agent Agents or the Lenders under the Credit Agreement and the other Loan Documents upon termination of the Forbearance Termination DatePeriod, with respect to the Specified Existing Defaults or otherwise; (iii) constitute an agreement by the Administrative Agent Agents or the Lenders or require the Administrative Agent Agents or the Lenders to extend the Forbearance Period or further forbear from exercising its rights and remedies under the Credit Agreement, the Loan Documents or applicable lawgrant additional forbearance periods, extend the term of the Credit Agreement or the time for payment of any of the Obligations; (iv) require the Administrative Agent Agents or the Lenders to make any Revolving Loans or other Credit Extensions extensions of credit to the Borrower Borrowers after the occurrence termination of the Forbearance Termination DatePeriod, other than in the Administrative Agent’s and the Agents’ or Lenders’ sole and absolute discretion; or (v) constitute a forbearance or waiver of any right of the Administrative Agent’s Agents or the Lenders to insist on strict compliance by the Borrower Borrowers with each and every term, condition and covenant of this Forbearance Agreement and the Loan Documents, except as expressly otherwise provided herein. This Forbearance Agreement does not constitute an amendment to the Credit Agreement, but rather, constitutes a temporary supplement thereto. The terms and provisions of the Credit Agreement and the other Loan Documents are expressly incorporated by reference herein except to the extent such terms and provisions conflict with the terms and provisions of this Forbearance Agreement, in which case, during the Forbearance Period, but not otherwise, the terms of this Forbearance Agreement shall control.