Common use of Expiration; No Further Extension Implied Clause in Contracts

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 May 31, 2002 or the Facility Termination Date beyond January 31, 2003 or to extend any further credit to the Borrowers. Furthermore, no future agreement by the Agent and the Lenders to continue to extend the term of the Improvement Period beyond May 31, 2002 or the Facility Termination Date beyond January 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 Borrowers and the Guarantors acknowledge that the Agent and the Lenders have no obligation to extend the term of the Improvement Restructuring Period or further extend the Facility Termination Date, or forbear from enforcing their rights and remedies before the end of the Improvement 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 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 Restructuring Period beyond May 31February 28, 2002 or the Facility Termination Date beyond January October 31, 2003 2002 or to extend any further credit to the Borrowers. Furthermore, no future agreement by the Agent and the Lenders to continue to extend the term of the Improvement Restructuring Period beyond May 31February 28, 2002 or the Facility Termination Date beyond January October 31, 2003 2002 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 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 May October 31, 2002 2003 or the Facility Termination Date beyond January October 31, 2003 or to extend any further credit to the BorrowersBorrowers 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 May October 31, 2002 2003 or the Facility Termination Date beyond January October 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 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 May January 31, 2002 2003 or the Facility Termination Date beyond January July 31, 2003 or to extend any further credit to the BorrowersBorrowers 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 May January 31, 2002 2003 or the Facility Termination Date beyond January 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 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 May October 31, 2002 or the Facility Termination Date beyond January July 31, 2003 or to extend any further credit to the BorrowersBorrowers 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 May October 31, 2002 or the Facility Termination Date beyond January 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 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 May March 31, 2002 2004 or the Facility Termination Date beyond January March 31, 2003 2004 or to extend any further credit to the BorrowersBorrowers 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 May March 31, 2002 2004 or the Facility Termination Date beyond January March 31, 2003 2004 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 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 May January 31, 2002 2004 or the Facility Termination Date beyond January 31, 2003 2004 or to extend any further credit to the BorrowersBorrowers 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 May January 31, 2002 2004 or the Facility Termination Date beyond January 31, 2003 2004 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 Borrowers and the Guarantors acknowledge that the Agent and the Lenders have no obligation to extend the term of the Improvement Restructuring Period or further extend the Facility Termination Date, or forbear from enforcing their rights and remedies before the end of the Improvement 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 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 Restructuring Period beyond May 31November 30, 2002 2001 or the Facility Termination Date beyond January 31April 30, 2003 2002 or to extend any further credit to the Borrowers. Furthermore, no future agreement by the Agent and the Lenders to continue to extend the term of the Improvement Restructuring Period beyond May 31November 30, 2002 2001 or the Facility Termination Date beyond January 31April 30, 2003 2002 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 Borrowers and the Guarantors acknowledge that the Agent and the Lenders have no obligation to extend the term of the Improvement Restructuring Period or further extend the Facility Termination Date, or forbear from enforcing their rights and remedies before the end of the Improvement 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 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 Restructuring Period beyond May 31November 30, 2002 2001 or the Facility Termination Date beyond January July 31, 2003 2002 or to extend any further credit to the Borrowers. Furthermore, no future agreement by the Agent and the Lenders to continue to extend the term of the Improvement Restructuring Period beyond May 31November 30, 2002 2001 or the Facility Termination Date beyond January July 31, 2003 2002 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.