No Course of Conduct. No course of conduct or dealings between the parties, nor express or implied acceptance of alterations, or additions to the Work, and no claim that TFC has been unjustly enriched by any alteration or addition to the Work, whether or not there is, in fact, any unjust enrichment to the Work, shall be the basis of any claim to any increase in any amounts due under the Contract Documents or a change in any period provided for in the Contract Documents.
No Course of Conduct. Borrower acknowledges that the determination by Lenders to enter into this Agreement does not constitute a course of conduct or course of dealing. Borrower acknowledges that it has no basis to expect any Lender to enter into any further forbearance or any modification of the Loan Documents.
No Course of Conduct. At no time shall the prior or subsequent course of conduct by any of the Borrowers or Bank directly or indirectly limit, impair or otherwise adversely affect any of the parties’ rights or remedies in connection with this or any of the instruments and documents executed in connection herewith, since the parties hereto agree that this Agreement shall only be amended by written instruments executed by the parties, as provided herein.
No Course of Conduct. At no time shall the prior or subsequent course of conduct by Borrower or Agent and the Lenders directly or indirectly limit, impair or otherwise adversely affect any of the parties’ rights or remedies in connection with this or any of the instruments and documents executed in connection herewith, since the parties hereto agree that this Amendment and the Credit Agreement shall only be amended by written instruments executed by the parties, as provided herein. To the extent that Agent and the Lenders may have previously permitted Borrower to deviate from the terms and provisions of the Credit Agreement, Borrower and the Guarantors hereby acknowledge and agree that from the date of this Amendment, Borrower shall be required and expected to strictly comply with all terms and provisions of this Amendment and the Credit Agreement and Agent and the Lenders intend to enforce the terms and provisions of this Amendment and the Credit Agreement as in effect on the date hereof as amended hereby.
No Course of Conduct. Borrower acknowledges that the determination by the Noteholders to enter into this Agreement does not constitute a course of conduct or course of dealing. Borrower acknowledges that it has no basis to expect any Noteholder to waive or modify any terms of this Agreement, or to further waive or modify any terms of the Note Purchase Agreements, the Guaranty Agreements, or any of the Debt Documents to which the each Noteholder is a party.
No Course of Conduct. Each Party’s execution and delivery of, or acceptance of, this First Amendment shall not be deemed to create a course of dealing or otherwise create any express or implied duty by any of them to provide any other or further amendments, consents or waivers in the future.
No Course of Conduct. This Agreement and the Forbearance contemplated hereby are not intended and are not to be construed as establishing a custom or a course of dealing or conduct between Borrower, any other Obligor, on the one hand, and Agent and Lenders, on the other hand.
No Course of Conduct. Except as specifically set forth herein, this Amendment, including the release and waiver set forth herein, are not to be construed as establishing a binding course of conduct or to obligate [***]* to waive [***]* to [***]* and to enforce its rights and remedies under the Agreement.
No Course of Conduct. At no time shall the prior or subsequent course of conduct by any of the parties directly or indirectly limit, impair or otherwise adversely affect any of the rights or remedies of any other party in connection with this Consensual Transfer Agreement or any of the Transfer Documents, or detract from or otherwise affect the literal interpretation and effect of this Consensual Transfer Agreement or any of the Transfer Documents, since the parties hereto agree that this Consensual Transfer Agreement and the Transfer Documents shall only be amended by written instruments executed by the parties, as provided herein.
No Course of Conduct. No failure or delay on the part of the Administrative Agent or any Lender in exercising, and no course of dealing with respect to, any right, power or privilege under this Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement or any other Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
