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

No Course of Dealing or Performance. Each of Borrowers and Guarantors acknowledges and agrees that the agreement of Agent and Lenders to forbear from exercising their rights and remedies under the Loan Documents with respect to the Existing 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 Agent or Lenders to consider or agree to any waiver or any further forbearance and, in the event that Agent or Lenders subsequently agrees to consider any waiver or any further forbearance, neither the existence of any prior forbearance, nor this Agreement, nor any other conduct of the Agent or Lenders, or any of them, shall be of any force or effect on consideration or decision with respect to any such requested waiver or forbearance, and neither Agent nor any Lender shall have any obligation whatsoever to consider or agree to further forbear or to waive any other Default or Event of Default. In addition, neither (i) the execution and delivery of this Forbearance Agreement, (ii) the actions of 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 Loan Agreement, any Default or Event of Default thereunder, or otherwise, including, without limitation, any discussions or negotiations (heretofore or, if any, hereafter) between Agent or Lenders and Borrowers or Guarantors regarding any potential waiver, modification, forbearance or amendment related to the Loan Agreement, (iii) any failure of Agent or Lenders to exercise any of their rights under, pursuant or with respect to the Loan Agreement, nor (iv) any action, inaction, waiver, forbearance, amendment or other modification of or with respect to the Loan Agreement, shall, unless evidenced by a written agreement (and then only to the extent provided by the express provisions thereof):

No Course of Dealing or Performance. Each of Borrowers and Guarantors Borrower acknowledges and agrees that the agreement of Agent and Lenders to forbear from exercising their rights and remedies under the Loan Documents with respect to the Existing Default Defaults pursuant to and as reflected in this Forbearance Agreement, does not and shall not create (nor shall Borrowers or Guarantors Borrower rely upon the existence of or claim or assert that there exists) any obligation of Agent or Lenders any Lender to consider or agree to any waiver or any further forbearance and, in the event that Agent or Lenders any Lender subsequently 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 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 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 (iw) the execution and delivery of this Forbearance Agreement, (iix) the actions of 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 Loan Credit Agreement, any Default or Event of Default thereunder, or otherwise, including, without limitation, any discussions or negotiations (heretofore or, if any, hereafter) between Agent or Lenders any Lender and Borrowers or Guarantors Borrower regarding any potential waiver, modification, forbearance or amendment related to the Loan Credit Agreement, (iiiy) any failure of Agent or Lenders any Lender to exercise any of its or their rights under, pursuant or with respect to the Credit Agreement or any other Loan AgreementDocument, nor (ivz) any action, inaction, waiver, forbearance, amendment or other modification of or with respect to the Credit Agreement or any other Loan AgreementDocument, shall, unless evidenced by a written agreement (and then only to the extent provided by the express provisions thereof):

No Course of Dealing or Performance. Each of the Borrowers and Guarantors acknowledges and agrees that the agreement of Agent Agents and Lenders to forbear from exercising their rights and remedies under the Loan Documents with respect to the Existing Default 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 Agent Agents or Lenders to consider or agree to any waiver or any further forbearance and, in the event that Agent Agents or Lenders subsequently agrees 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 Agent 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 Agent 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 (iw) the execution and delivery of this Forbearance Agreement, (iix) the actions of Agent 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 Loan Credit Agreement, any Default or Event of Default thereunder, or otherwise, including, without limitation, any discussions or negotiations (heretofore or, if any, hereafter) between Agent Agents or Lenders and Borrowers or Guarantors regarding any potential waiver, modification, forbearance or amendment related to the Loan Credit Agreement, (iiiy) any failure of Agent Agents or Lenders to exercise any of their rights under, pursuant or with respect to the Loan Credit Agreement, nor (ivz) any action, inaction, waiver, forbearance, amendment or other modification of or with respect to the Loan Credit Agreement, shall, unless evidenced by a written agreement (and then only to the extent provided by the express provisions thereof):

No Course of Dealing or Performance. Each of Borrowers acknowledge and Guarantors acknowledges and agrees agree that the agreement of Agent Lender to waive the Potential Existing Defaults and Lenders to forbear from exercising their rights and remedies under amend the Loan Documents with respect to the Existing Default pursuant to and Credit Agreement as reflected in this Forbearance Agreementset forth herein, 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 Agent or Lenders Lender to consider or agree to any further waiver or amendment or any further forbearance and, in the event that Agent or Lenders Lender subsequently agrees to consider any further waiver or amendment or any further forbearance, neither the existence of any prior forbearancewaiver, nor this Agreement, nor any other conduct of the Agent or Lenders, or any of themLender, shall be of any force or effect on the consideration or decision with respect to any such requested waiver waiver, amendment or forbearance, and neither Agent nor any Lender shall have any no obligation whatsoever to consider or agree to further forbear waiver or to waive forbearance of any other Default or Event of Default. In addition, neither (i) the execution and delivery of this Forbearance Agreement, (ii) the actions of Agent 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 Loan Credit Agreement, any Default or Event of Default thereunder, or otherwise, including, without limitation, any discussions or negotiations (heretofore or, if any, hereafter) between Agent or Lenders Lender and Borrowers or Guarantors regarding any potential waiver, modification, forbearance or amendment related to the Loan Credit Agreement, (iii) any failure of Agent or Lenders Lender to exercise any of their its rights under, pursuant or with respect to the Loan Credit Agreement, including without limitation, requiring Borrowers’ compliance with the covenants contained therein, nor (iv) any action, inaction, waiver, forbearance, amendment or other modification of or with respect to the Loan Credit Agreement, shall, unless evidenced by a written agreement (and then only to the extent provided by the express provisions thereof):

No Course of Dealing or Performance. Each of Borrowers and Guarantors acknowledges and agrees that the agreement of Agent and Lenders to forbear from exercising their rights and remedies under the Loan Documents with respect to the Existing Default 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 Agent or Lenders to consider or agree to any waiver or any further forbearance and, in the event that Agent or Lenders subsequently agrees to consider any waiver or any further forbearance, neither the existence of any prior forbearance, nor this Agreement, nor any other conduct of the Agent or Lenders, or any of them, shall be of any force or effect on consideration or decision with respect to any such requested waiver or forbearance, and neither Agent nor any Lender shall have any obligation whatsoever to consider or agree to further forbear or to waive any other Default or Event of Default. In addition, neither (i) the execution and delivery of this Forbearance Agreement, (ii) the actions of 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 Loan Agreement, any Default or Event of Default thereunder, or otherwise, including, without limitation, any discussions or negotiations (heretofore or, if any, hereafter) between Agent or Lenders and Borrowers or Guarantors regarding any potential waiver, modification, forbearance or amendment related to the Loan Agreement, (iii) any failure of Agent or Lenders to exercise any of their rights under, pursuant or with respect to the Loan Agreement, nor (iv) any action, inaction, waiver, forbearance, amendment or other modification of or with respect to the Loan Agreement, shall, unless evidenced by a written agreement (and then only to the extent provided by the express provisions thereof):): Constitute a waiver by Agent or any Lender of, or, except to the extent expressly provided herein, an agreement by Agent or any Lender to forebear from the exercise of remedies with respect to, any Default or Event of Default under the Loan Agreement; Constitute a waiver by or estoppel of Agent or any Lender as to the satisfaction or lack of satisfaction of any covenant, term or condition set forth in the Loan Agreement; or Constitute an amendment to or modification of, or an agreement on the part of 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 Loan Agreement.