Limited Effect of Forbearance. Subject to the foregoing, the Investor has not waived and is not by this Agreement waiving any existing Triggering Event (each an “Existing Triggering Event”) or any other breach or any other Triggering Event or any other breach which may be continuing on the date hereof or any Triggering Event or any other breach which may occur after the date hereof (whether the same or similar to the Existing Triggering Event or otherwise), and nothing contained herein shall be deemed or constitute any such waiver. No action, failure to act or acquiescence by the Investor or other circumstance shall constitute a waiver of any Triggering Event or any other breach, unless and until such time as the Investor agrees in writing to a waiver of any such Triggering Event or any other breach. Except as otherwise expressly provided in this Section 1, the Investor hereby expressly reserves the exercise (in its sole discretion) of any and all rights or remedies under the Transaction Documents, applicable law and otherwise as a result of any Triggering Event or any other breach, and the Investor has not waived any of such rights or remedies and nothing in this Agreement, and no delay by the Investor in exercising such rights or remedies, should be construed as a waiver of any such rights or remedies.
Limited Effect of Forbearance. Notwithstanding the forbearance set forth in Section 2.1, in interpreting any covenants or other provisions in this Agreement and any Transaction Document that provide greater restrictions or limitations on, or impose additional requirements on, the Company and/or its Subsidiaries after the occurrence of an Event of Default, as opposed to when no Event of Default exists, the Specified Defaults shall be deemed to exist and continue in effect for the limited purpose of causing such greater restrictions and limitations and such additional requirements to be in effect throughout the Forbearance Period. Notwithstanding anything else herein to the contrary, during the Forbearance Period, the Company shall not be required to comply with the terms of the financial covenants set forth in Sections 5D, 5Q, 6H, 6Q and 6R of the Note Agreement.
Limited Effect of Forbearance. Notwithstanding the forbearance set forth in Section 2.1, in interpreting any covenants or other provisions in this Agreement and any Transaction Document that provide greater restrictions or limitations on, or impose additional requirements on, the Company and/or its Subsidiaries after the occurrence of an Event of Default, as opposed to when no Event of Default exists, the Specified Defaults shall be deemed to exist and continue in effect for the limited purpose of causing such greater restrictions and limitations and such additional requirements to be in effect throughout the Forbearance Period. Notwithstanding anything else herein to the contrary, during the Forbearance Period, the Company shall not be required to comply with the terms of (a) the financial covenants set forth in Sections 5D, 5Q, 6E, 6H, 6Q and 6R of the Note Agreement and (b) the covenants incorporated by reference pursuant to Section 5G of the Note Agreement to the extent that the Company is not required to comply with such covenants pursuant to the Amended and Restated Bank Forbearance Agreement.
Limited Effect of Forbearance. Notwithstanding the foregoing, the Companies and the Lenders acknowledge and agree that the temporary forbearance granted by the Agents and the Lenders pursuant to this Agreement shall not constitute, and shall not be deemed to constitute, a waiver of the Specified Events of Default or of any other Default or Event of Default under the Loan Documents or a waiver of any of the rights and remedies provided thereunder, under law, at equity or otherwise (except as otherwise expressly provided in Section 3(a)).
Limited Effect of Forbearance. Subject to the foregoing, Landlord has not waived and is not by this Agreement waiving any other of its rights existing under the Lease, and nothing contained herein shall be deemed to constitute any such waiver.
Limited Effect of Forbearance. Notwithstanding the foregoing, the Borrower and the Lenders acknowledge and agree that the temporary forbearance granted by the Agent and the Lenders pursuant to this Agreement shall not constitute, and shall not be deemed to constitute, a waiver of the Specified Events of Default or of any other Default or Event of Default under the Loan Documents or a waiver of the Specified Hedge Events of Default or of any other Hedge Event of Default under the Hedge Agreement or a waiver of any of the rights and remedies provided thereunder, under law, at equity or otherwise (except as otherwise expressly provided in Section 3(a)).
Limited Effect of Forbearance. Notwithstanding the foregoing, each Obligor acknowledges and agrees that the temporary forbearance granted by Agent and the Lenders pursuant to this Agreement shall not constitute, and shall not be deemed to constitute, a waiver of the Specified Defaults or of any other Default or Event of Default under the Loan Documents or a waiver of any of the rights and remedies provided thereunder, under law, at equity or otherwise (except as otherwise expressly provided in Section 4(a)).
Limited Effect of Forbearance. Notwithstanding the foregoing, Borrower acknowledges and agrees that the temporary forbearance granted by Agent and the Lenders pursuant to Section 16.2 shall not constitute, and shall not be deemed to constitute, a waiver of the Specified Events of Default or of any other Default or Event of Default under the Loan Documents or a waiver of any of the rights and remedies provided thereunder, under law, at equity or otherwise (except as otherwise expressly provided in Section 16.2.1).
