Common use of No Course of Dealing or Performance Clause in Contracts

No Course of Dealing or Performance. Each of the Borrowers acknowledges and agrees that the agreement of Agents and Lenders to forbear from exercising their rights and remedies under the Loan Documents with respect to the Existing Defaults pursuant to and as reflected in this Forbearance Agreement, does not and shall not create (nor shall Borrowers rely upon the existence of or claim or assert that there exists) any obligation of Agents or Lenders to consider or agree to any waiver or any further forbearance and, in the event that Agents or Lenders subsequently agree to consider any waiver or any further forbearance, neither the existence of any prior forbearance, nor this Forbearance Agreement, nor any other conduct of the Agents or Lenders, or any of them, shall be of any force or effect on any consideration or decision with respect to any such requested waiver or forbearance, and neither Agents nor any Lender shall have any obligation whatsoever to consider or agree to further forbear from the exercise of remedies in respect of or to waive any other Default or Event of Default. In addition, neither (w) the execution and delivery of this Forbearance Agreement, (x) the actions of Agents or Lenders in obtaining or analyzing any information from Borrowers, whether or not related to consideration of any waiver, modification, forbearance or alteration of the Credit Agreement, any Default or Event of Default thereunder, or otherwise, including, without limitation, any discussions or negotiations (heretofore or, if any, hereafter) between Agents or Lenders and Borrowers regarding any potential waiver, modification, forbearance or amendment related to the Credit Agreement, (y) any failure of Agents or Lenders to exercise any of their rights under, pursuant or with respect to the Credit Agreement, nor (z) any action, inaction, waiver, forbearance, amendment or other modification of or with respect to the Credit Agreement, shall, unless evidenced by a written agreement (and then only to the extent provided by the express provisions thereof): (i) Constitute a waiver by Agents or any Lender of, or, except to the extent expressly provided herein, an agreement by Agents or any Lender to forebear from the exercise of remedies with respect to, any Default or Event of Default under the Credit Agreement; (ii) Constitute a waiver by or estoppel of Agents or any Lender as to the satisfaction or lack of satisfaction of any covenant, term or condition set forth in the Credit Agreement; or (iii) Constitute an amendment to or modification of, or an agreement on the part of Agents or any Lender to enter into any amendment to or modification of, or an agreement to negotiate or continue to negotiate with respect to, the Credit Agreement.

No Course of Dealing or Performance. Each of the Borrowers and Guarantors acknowledges and agrees that the agreement of Agents Agent and Lenders to forbear from exercising their rights and remedies under the Loan Documents with respect to the Existing Defaults pursuant to and as reflected in this Forbearance Agreement, does not and shall not create (nor shall Borrowers or Guarantors rely upon the existence of or claim or assert that there exists) any obligation of Agents Agent or Lenders to consider or agree to any waiver or any further forbearance and, in the event that Agents Agent or Lenders subsequently agree agrees to consider any waiver or any further forbearance, neither the existence of any prior forbearance, nor this Forbearance Agreement, nor any other conduct of the Agents Agent or Lenders, or any of them, shall be of any force or effect on any consideration or decision with respect to any such requested waiver or forbearance, and neither Agents Agent nor any Lender shall have any obligation whatsoever to consider or agree to further forbear from the exercise of remedies in respect of or to waive any other Default or Event of Default. In addition, neither (wi) the execution and delivery of this Forbearance Agreement, (xii) the actions of Agents Agent or Lenders in obtaining or analyzing any information from Borrowers, whether or not related to consideration of any waiver, modification, forbearance or alteration of the Credit Loan Agreement, any Default or Event of Default thereunder, or otherwise, including, without limitation, any discussions or negotiations (heretofore or, if any, hereafter) between Agents Agent or Lenders and Borrowers or Guarantors regarding any potential waiver, modification, forbearance or amendment related to the Credit Loan Agreement, (yiii) any failure of Agents Agent or Lenders to exercise any of their rights under, pursuant or with respect to the Credit Loan Agreement, nor (ziv) any action, inaction, waiver, forbearance, amendment or other modification of or with respect to the Credit Loan Agreement, shall, unless evidenced by a written agreement (and then only to the extent provided by the express provisions thereof): (i) ): Constitute a waiver by Agents Agent or any Lender of, or, except to the extent expressly provided herein, an agreement by Agents Agent or any Lender to forebear from the exercise of remedies with respect to, any Default or Event of Default under the Credit Loan Agreement; (ii) ; Constitute a waiver by or estoppel of Agents Agent or any Lender as to the satisfaction or lack of satisfaction of any covenant, term or condition set forth in the Credit Loan Agreement; or (iii) or Constitute an amendment to or modification of, or an agreement on the part of Agents Agent or any Lender to enter into any amendment to or modification of, or an agreement to negotiate or continue to negotiate with respect to, the Credit Loan Agreement.

No Course of Dealing or Performance. Each of the Borrowers acknowledges acknowledge and agrees agree that the agreement of Agents and Lenders Lender to forbear from exercising their rights and remedies under waive the Loan Documents with respect to the Potential Existing Defaults pursuant and to and amend the Credit Agreement as reflected in this Forbearance Agreementset forth herein, does not and shall not create (nor shall Borrowers rely upon the existence of or claim or assert that there exists) any obligation of Agents or Lenders Lender to consider or agree to any further waiver or amendment or any further forbearance and, in the event that Agents or Lenders Lender subsequently agree agrees to consider any further waiver or amendment or any further forbearance, neither the existence of any prior forbearancewaiver, nor this Forbearance Agreement, nor any other conduct of the Agents or Lenders, or any of themLender, shall be of any force or effect on any the consideration or decision with respect to any such requested waiver waiver, amendment or forbearance, and neither Agents nor any Lender shall have any no obligation whatsoever to consider or agree to further forbear from the exercise waiver or forbearance of remedies in respect of or to waive any other Default or Event of Default. In addition, neither (wi) the execution and delivery of this Forbearance Agreement, (xii) the actions of Agents or Lenders Lender in obtaining or analyzing any information from Borrowers, whether or not related to the consideration of any waiver, modification, forbearance or alteration of the Credit Agreement, any Default or Event of Default thereunder, or otherwise, including, without limitation, any discussions or negotiations (heretofore or, if any, hereafter) between Agents or Lenders Lender and Borrowers regarding any potential waiver, modification, forbearance or amendment related to the Credit Agreement, (yiii) any failure of Agents or Lenders Lender to exercise any of their its rights under, pursuant or with respect to the Credit Agreement, including without limitation, requiring Borrowers’ compliance with the covenants contained therein, nor (ziv) any action, inaction, waiver, forbearance, amendment or other modification of or with respect to the Credit Agreement, shall, unless evidenced by a written agreement (and then only to the extent provided by the express provisions thereof): (ia) Constitute a waiver by Agents or any Lender of, or, except to the extent expressly provided herein, an agreement by Agents or any Lender to forebear from the exercise of remedies with respect to, any Default or Event of Default under the Credit Agreement; (iib) Constitute a waiver by or estoppel of Agents or any Lender as to the satisfaction or lack of satisfaction of any covenant, term or condition set forth in the Credit Agreement; or (iiic) Constitute an amendment to or modification of, or an agreement on the part of Agents or any Lender to enter into any amendment to or modification of, or an agreement to negotiate or continue to negotiate with respect to, the Credit Agreement.

No Course of Dealing or Performance. Each of the Borrowers and Guarantors acknowledges and agrees that the agreement of Agents Agent and Lenders to forbear from exercising their rights and remedies under the Loan Documents with respect to the Existing Defaults Default pursuant to and as reflected in this Forbearance Agreement, does not and shall not create (nor shall Borrowers or Guarantors rely upon the existence of or claim or assert that there exists) any obligation of Agents Agent or Lenders to consider or agree to any waiver or any further forbearance and, in the event that Agents Agent or Lenders subsequently agree agrees to consider any waiver or any further forbearance, neither the existence of any prior forbearance, nor this Forbearance Agreement, nor any other conduct of the Agents Agent or Lenders, or any of them, shall be of any force or effect on any consideration or decision with respect to any such requested waiver or forbearance, and neither Agents Agent nor any Lender shall have any obligation whatsoever to consider or agree to further forbear from the exercise of remedies in respect of or to waive any other Default or Event of Default. In addition, neither (wi) the execution and delivery of this Forbearance Agreement, (xii) the actions of Agents Agent or Lenders in obtaining or analyzing any information from Borrowers, whether or not related to consideration of any waiver, modification, forbearance or alteration of the Credit Loan Agreement, any Default or Event of Default thereunder, or otherwise, including, without limitation, any discussions or negotiations (heretofore or, if any, hereafter) between Agents Agent or Lenders and Borrowers or Guarantors regarding any potential waiver, modification, forbearance or amendment related to the Credit Loan Agreement, (yiii) any failure of Agents Agent or Lenders to exercise any of their rights under, pursuant or with respect to the Credit Loan Agreement, nor (ziv) any action, inaction, waiver, forbearance, amendment or other modification of or with respect to the Credit Loan Agreement, shall, unless evidenced by a written agreement (and then only to the extent provided by the express provisions thereof): (ia) Constitute a waiver by Agents Agent or any Lender of, or, except to the extent expressly provided herein, an agreement by Agents Agent or any Lender to forebear from the exercise of remedies with respect to, any Default or Event of Default under the Credit Loan Agreement; (iib) Constitute a waiver by or estoppel of Agents Agent or any Lender as to the satisfaction or lack of satisfaction of any covenant, term or condition set forth in the Credit Loan Agreement; or (iiic) Constitute an amendment to or modification of, or an agreement on the part of Agents Agent or any Lender to enter into any amendment to or modification of, or an agreement to negotiate or continue to negotiate with respect to, the Credit Loan Agreement.

No Course of Dealing or Performance. Each of the Borrowers Borrower acknowledges and agrees that the agreement of Agents Agent and Lenders to forbear from exercising their rights and remedies under the Loan Documents with respect to the Existing Defaults pursuant to and as reflected in this Forbearance Agreement, does not and shall not create (nor shall Borrowers Borrower rely upon the existence of or claim or assert that there exists) any obligation of Agents Agent or Lenders any Lender to consider or agree to any waiver or any further forbearance and, in the event that Agents Agent or Lenders any Lender subsequently agree agrees to consider any waiver or any further forbearance, neither the existence of any prior forbearance, nor this Forbearance Agreement, nor any other conduct of the Agents Agent or Lendersany Lender, or any of them, shall be of any force or effect on any consideration or decision with respect to any such requested waiver or forbearance, and neither Agents Agent nor any Lender shall have any obligation whatsoever to consider or agree to further forbear from the exercise of remedies in respect of or to waive any other Default or Event of Default. In addition, neither (w) the execution and delivery of this Forbearance Agreement, (x) the actions of Agents Agent or Lenders any Lender in obtaining or analyzing any information from BorrowersBorrower, whether or not related to consideration of any waiver, modification, forbearance or alteration of the Credit Agreement, any Default or Event of Default thereunder, or otherwise, including, without limitation, any discussions or negotiations (heretofore or, if any, hereafter) between Agents Agent or Lenders any Lender and Borrowers Borrower regarding any potential waiver, modification, forbearance or amendment related to the Credit Agreement, (y) any failure of Agents Agent or Lenders any Lender to exercise any of its or their rights under, pursuant or with respect to the Credit AgreementAgreement or any other Loan Document, nor (z) any action, inaction, waiver, forbearance, amendment or other modification of or with respect to the Credit AgreementAgreement or any other Loan Document, shall, unless evidenced by a written agreement (and then only to the extent provided by the express provisions thereof): (i) Constitute a waiver by Agents Agent or any Lender of, or, except to the extent expressly provided herein, an agreement by Agents Agent or any Lender to forebear forbear from the exercise of remedies with respect to, any Default or Event of Default under the Credit AgreementAgreement or any other Loan Document; (ii) Constitute a waiver by or estoppel of Agents Agent or any Lender as to the satisfaction or lack of satisfaction of any covenant, term or condition set forth in the Credit AgreementAgreement or any other Loan Document; or (iii) Constitute an amendment to or modification of, or an agreement on the part of Agents Agent or any Lender to enter into any amendment to or modification of, or an agreement to negotiate or continue to negotiate with respect to, the Credit AgreementAgreement or any other Loan Document.