Common use of Modifications, Consents and Waivers Clause in Contracts

Modifications, Consents and Waivers. No failure or delay on the part ----------------------------------- of Lender in exercising any power or right hereunder or under the Promissory Notes or New Notes or under any other Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power. No amendment, modification or waiver of any provision to this Agreement, the Notes or any other Document, nor consent to any departure therefrom, shall in any event be effective unless the same shall be in writing and consented to by Lender, and then such amendment, modification, waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances.

Modifications, Consents and Waivers. No failure or delay on the part ----------------------------------- of the Lender in exercising any power or right hereunder or under the Promissory Notes or New Notes or under any other Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or powerpower hereunder. No amendment, modification or waiver of any provision to of this Agreement, the Notes Agreement or of any other Loan Document, nor consent to any departure by the Borrower or a Subsidiary therefrom, shall in any event be effective unless the same shall be in writing and consented to signed by Lender, and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on upon the Borrower or a Subsidiary in any case shall shall, of itself, entitle the Borrower or a Subsidiary to any other or further notice or demand in similar or other circumstances.

Modifications, Consents and Waivers. No failure or delay on the part ----------------------------------- of Lender in exercising any power or right hereunder or under the Promissory Notes or New Notes Note or under any other Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power preclude any other or further exercise thereof or the exercise of any other right or power. No amendment, modification or waiver of any provision to this Agreement, the Notes Agreement or any other Document, nor consent to any departure therefrom, shall in any event be effective unless the same shall be in writing and consented to by Lender, and then such amendment, modification, waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances.