Expiration; No Further Extension Implied. The Borrowers and the Guarantors acknowledge that the Agent and the Lenders have no obligation to extend the term of the Improvement Period or further extend the Facility Termination Date, or forbear from enforcing their rights and remedies before the end of the Improvement Period in the event of any failure of any one or more of the terms and conditions expressed herein, that no course of dealing that would permit arguing for further extensions contrary to the Lenders' wishes exists or is capable of being inferred, and that nothing contained herein or otherwise is intended to be a promise or agreement to continue to extend the term of the Improvement Period beyond January 31, 2003 or the Facility Termination Date beyond July 31, 2003 or to extend any further credit to the Borrowers except as provided in the Credit Agreement as herein amended. Furthermore, no future agreement by the Agent and the Lenders to continue to extend the term of the Improvement Period beyond January 31, 2003 or the Facility Termination Date beyond July 31, 2003 or any other agreement shall be valid or enforceable unless it is contained in a final written agreement signed by authorized representatives of the Agent and the Required Lenders (or, to the extent required by Section 8.2 of the Credit Agreement, all of the Lenders). Preliminary understandings or agreements on one or more issues during the course of any negotiations and prior to the finalization thereof shall not be binding unless and until such a final written agreement is executed on behalf of the applicable parties.
Expiration; No Further Extension Implied. The Loan Parties acknowledge that the Agent and the Banks have no obligation to extend the term of the Restructuring Period or refrain from enforcing their rights and remedies before the end of the Restructuring Period in the event of any failure of any one or more of the terms and conditions expressed herein, that no course of dealing that would permit arguing for further extensions contrary to the Banks’ wishes exists or is capable of being inferred, and that nothing contained herein or otherwise is intended to be a promise or agreement to continue to extend the term of the Restructuring Period beyond April 30, 2003 or to extend any further credit to the Loan Parties beyond April 30, 2003. Furthermore, no future agreement by the Agent and the Banks to continue to extend the term of the Restructuring Period beyond April 30, 2003 or any other agreement shall be valid or enforceable unless it is contained in a final written agreement signed by authorized representatives of the Agent and the Banks. Preliminary understandings or agreements on one or more issues during the course of any negotiations and prior to the finalization thereof shall not be binding unless and until such a final written agreement is executed on behalf of the applicable parties.
Expiration; No Further Extension Implied. The Company and the Guarantors acknowledge that the holders of the Notes have no obligation to extend the term of the Forbearance Period or forbear from enforcing their rights and remedies before the end of the Forbearance Period in the event of any failure of any one or more of the terms and conditions expressed herein, that no course of dealing that would permit arguing for further extensions contrary to the wishes of the holders of the Notes exists or is capable of being inferred, and that nothing contained herein or otherwise is intended to be a promise or agreement to continue to extend the term of the Forbearance Period beyond October 31, 2003 or to extend any further credit to the Company. Furthermore, no future agreement by the holders of the Notes to continue to extend the term of the Forbearance Period beyond October 31, 2003 or any other agreement shall be valid or enforceable unless it is contained in a final written agreement signed by the Required Holder(s) (or, to the extent required by paragraph 11C of the Note Agreement, all of the holders of the Notes). Preliminary understandings or agreements on one or more issues during the course of any negotiations and prior to the finalization thereof shall not be binding unless and until such a final written agreement is executed on behalf of the applicable parties.
Expiration; No Further Extension Implied. The Borrower and the Guarantors acknowledge that the holders of the Notes have no obligation to extend the term of the Restructuring Period, or forbear from enforcing their rights and remedies before the end of the Restructuring Period in the event of any failure of any one or more of the terms and conditions expressed herein, that no course of dealing that would permit arguing for further extensions contrary to the holders' wishes exists or is capable of being inferred, and that nothing contained herein or otherwise is intended to be a promise or agreement to continue to extend the term of the Restructuring Period beyond November 30, 2001. Furthermore, no future agreement by the holders of the Notes to continue to extend the term of the Restructuring Period beyond November 30, 2001 or any other agreement shall be valid or enforceable unless it is contained in a final written agreement signed by authorized representatives of the holders of the Notes. Preliminary understandings or agreements on one or more issues during the course of any negotiations and prior to the finalization thereof shall not be binding unless and until such a final written agreement is executed on behalf of the applicable parties.
