Common use of Limited Effect of Agreement Clause in Contracts

Limited Effect of Agreement. Except as expressly provided in this Agreement, the Loan Agreements, Notes and the other Loan Documents shall continue to be, and shall remain, in full force and effect. This Agreement shall not be deemed or otherwise construed (a) to be a waiver of, or consent to or a modification or amendment of, any term or condition of the Loan Agreements, Notes or any of the other Loan Documents except as specifically provided herein; (b) to prejudice any other right on rights that Lender now has or may have in the future under or in connection with the Loan Agreements, Notes or any of the other Loan Documents, as any such documents, agreements or instruments may be amended, modified, supplemented or restated from time to time; (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with any Obligor or any other person with respect to any waiver, amendment, modification or any other change to the Loan Agreements, Notes or any of the other Loan Documents or any rights or remedies arising in favor of Lender, under or with respect to any such documents, agreements or instruments; or (d) to be a waiver of, or consent to or a modification or amendment of any other term or condition of any other agreement by and among any Obligor and Lender. Neither the requirements of good faith and fair dealing, nor any other theory, concept or argument shall require Lender to impart upon any Obligor any further or greater benefits, to suffer any prejudice or impairment of any kind whatsoever, or to tolerate any noncompliance with this Agreement, the Loan Agreements, Notes or any of the other Loan Documents, because Lender has bargained for and given valuable consideration for this Agreement, the Loan Agreements, Notes and the other Loan Documents, and Lender's creation of express, explicit and objective limits of what benefits Lender is willing to provide to Obligors, and what, in return the Obligors are required to provide to Lender. This Agreement, the Loan Agreements, Notes and the other Loan Documents provide a clear statement of the requirements and obligations of Lender and creates an agreed upon standard of performance upon which Lender is entitled to rely in exercising and enforcing its respective rights and remedies under this Agreement, the Loan Agreements, Notes or any of the other Loan Documents.

Limited Effect of Agreement. Except as expressly provided in this Agreement, the Loan Agreements, Notes Credit Agreement and the each other Loan Documents Document shall continue to be, and shall remain, in full force and effect. This Agreement shall not be deemed or otherwise construed (a) construed: to be a waiver of, or consent to or a modification or amendment of, any other term or condition of the Loan Agreements, Notes Credit Agreement or any of the other Loan Documents except as specifically provided hereinDocument; (b) to prejudice any other right on or rights that Lender the Agent or the Banks, or any of them, may now has have or may have in the future under or in connection with the Loan Agreements, Notes Credit Agreement or the any of the other Loan Documents, as any such documents, agreements or instruments documents may be amended, modified, supplemented restated or restated otherwise modified from time to time; (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with any Obligor Credit Party or any other person person, firm or corporation with respect to any waiver, amendment, modification or any other change to the Loan Agreements, Notes Credit Agreement or any of the other Loan Documents or any rights or remedies arising in favor of Lenderthe Banks or the Agent, or any of them, under or with respect to any such documents, agreements or instruments; or (d) to be a waiver of, or consent to or a modification or amendment of of, any other term or condition of any other agreement by and among any Obligor Credit Party, on the one hand, and Lenderthe Agent or any other Bank, on the other hand. Neither the requirements of good faith and fair dealing, dealing nor any other theory, concept or argument shall require Lender any Bank to impart upon any Obligor Credit Party any further or greater benefits, ; to suffer any prejudice or impairment of any kind whatsoever, ; or to tolerate any noncompliance with this Agreement, the Loan Agreements, Notes or any of Agreement and the other Loan Documents, because Lender each Bank has bargained for and given valuable consideration for this Agreement, the Loan Agreements, Notes Agreement and the other Loan Documents, Documents and Lender's its creation of express, explicit and objective limits of what benefits Lender each Bank is willing to provide to Obligorsthe Credit Parties, and what, in return return, the Obligors Credit Parties are required to provide to Lendereach Bank. This Agreement, the Loan Agreements, Notes Agreement and the other Loan Documents provide a clear statement of the each Bank's requirements and obligations of Lender and creates an agreed upon standard of performance upon which Lender each Bank is entitled to rely in exercising and enforcing its respective rights and remedies under this Agreement, the Loan Agreements, Notes or any of the other Loan Documents.

Limited Effect of Agreement. Except as expressly provided in this Agreement, the Loan AgreementsCredit Agreement, Notes INCLUDING WITHOUT LIMITATION PROVISIONS FOR ARBITRATION AND WAIVER OF JURY TRIAL OF SECTIONS 13.5 AND 13.6, and the each other Loan Documents Document shall continue to be, and shall remain, in full force and effect. This Agreement shall not be deemed or otherwise construed (a) construed: to be a waiver of, or consent to or a modification or amendment of, any other term or condition of the Loan Agreements, Notes Credit Agreement or any of the other Loan Documents except as specifically provided hereinDocument; (b) to prejudice any other right on or rights that Lender the Agent or the Lenders, or any of them, may now has have or may have in the future under or in connection with the Loan Agreements, Notes Credit Agreement or any of the other Loan Documents, as any such documents, agreements or instruments documents may be amended, modified, supplemented restated or restated otherwise modified from time to time; (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with any Obligor Credit Party or any other person person, firm or corporation with respect to any waiver, amendment, modification or any other change to the Loan Agreements, Notes Credit Agreement or any of the other Loan Documents or any rights or remedies arising in favor of Lenderthe Lenders or the Agent, or any of them, under or with respect to any such documents, agreements or instruments; or (d) to be a waiver of, or consent to or a modification or amendment of of, any other term or condition of any other agreement by and among any Obligor Credit Party, on the one hand, and the Agent or any other Lender, on the other hand. Neither the requirements of good faith and fair dealing, dealing nor any other theory, concept or argument shall require any Lender to impart upon any Obligor Credit Party any further or greater benefits, ; to suffer any prejudice or impairment of any kind whatsoever, ; or to tolerate any noncompliance with this Agreement, the Loan Agreements, Notes or any of Agreement and the other Loan Documents, because each Lender has bargained for and given valuable consideration for this Agreement, the Loan Agreements, Notes Agreement and the other Loan Documents, Documents and Lender's its creation of express, explicit and objective limits of what benefits each Lender is willing to provide to Obligorsthe Credit Parties, and what, in return return, the Obligors Credit Parties are required to provide to each Lender. This Agreement, the Loan Agreements, Notes Agreement and the other Loan Documents provide a clear statement of the each Lender's requirements and obligations of Lender and creates an agreed upon standard of performance upon which Lender is entitled to rely in exercising and enforcing its respective rights and remedies under this Agreement, the Loan Agreements, Notes or any of the other Loan Documents.of

Limited Effect of Agreement. Except as expressly provided in this AgreementNotwithstanding anything herein to the contrary, the Loan AgreementsTransaction Documents are, Notes and the other Loan Documents shall continue to be, and shall remain, remain in full force and effecteffect except as expressly provided herein and in the Transaction Documents and, for the avoidance of doubt, shall not be deemed to be modified in any respect as a result of this Agreement and the transfer of the Transferred Collateral hereunder, except as otherwise expressly set forth herein and in the Transaction Documents. This Except as expressly provided herein, this Agreement shall not be deemed or otherwise construed construed: (a) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of the Loan Agreements, Notes or any of the other Loan Documents except as specifically provided hereinTransaction Documents; (b) to prejudice any other right on rights that Lender the Agent and Secured Parties now has have or may have in the future under or in connection with the Loan Agreements, Notes or any of the other Loan Transaction Documents, as any such documents, agreements or instruments documents may be amended, modified, supplemented restated or restated otherwise modified from time to time; (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with any Obligor the Company or Sovryn or any other person Person with respect to any waiver, amendment, modification or any other change to the Loan Agreements, Notes or any of the other Loan Transaction Documents or any rights or remedies arising in favor of Lender, the Agent and Secured Parties under or with respect to any such documents, agreements or instrumentsof them; or (d) to be a waiver of, or consent to or a modification or amendment of of, any other term or condition of any other agreement by and among any Obligor between the Obligors, on the one hand, and Lenderthe Agent, on the other hand (other than the reduction of the monetary obligations owed under the Transaction Documents as provided in Section 7 herein). Neither the requirements of good faith and fair dealing, dealing nor any other theory, concept or argument shall require Lender the Agent to impart upon any Obligor the Company or Sovryn any further or greater benefits, to suffer any prejudice or impairment of any kind whatsoever, or to tolerate any noncompliance with this Agreement, Agreement or the Loan Agreements, Notes or any of the other Loan Transaction Documents, because Lender the Agent has bargained for and given valuable consideration for this Agreement, the Loan Agreements, Transaction Documents and the documents evidencing and/or securing the Notes and the other Loan Documents, and Lender's their creation of express, explicit and objective limits of what benefits Lender the Agent is willing to provide to Obligors, the Company and Sovryn and what, in return return, the Obligors Company and Sovryn are required to provide to Lenderthe Agent. This Agreement, the Loan AgreementsTransaction Documents, Notes and the other Loan Documents instruments evidencing and/or securing the Obligations provide a clear statement of the Agent’s requirements and obligations of Lender and creates an agreed upon standard of performance upon which Lender the Agent is entitled to rely in exercising and enforcing its respective rights and remedies under this Agreement, the Loan Agreements, Notes or any of the other Loan Documentsthereunder.