No Implied Waiver etc. Except as expressly provided herein, nothing contained herein shall constitute a waiver of, impair or otherwise affect any of the Obligations, any other obligations of the Company or any of the Hadco Subsidiaries or any right of the Agent or the Banks consequent thereon. The waivers and consents provided herein are limited strictly to their terms. Neither the Agent nor any of the Banks shall have any obligation to issue any further waiver or consent with respect to the subject matter hereof or any other matter.
No Implied Waiver etc. No delay or failure of the Bank, or any holder of the Note in exercising any right, power or privilege hereunder shall affect such right, power or privilege; and no single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or privilege shall preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies hereunder of the Bank and any holder of the Note are cumulative and not exclusive of any rights or remedies which it or they would otherwise have. Any amendment, waiver, permit, consent or approval of any kind or character on the part of the Bank of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only to the extent in such writing specifically set forth.
No Implied Waiver etc. No delay or failure of any Agent or any Bank in exercising any right, power or privilege hereunder shall affect such right, power or privilege; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies hereunder of the Agents and the Banks are cumulative and not exclusive of any rights or remedies which, it or they would otherwise have. Any amendment, waiver, permit, consent or approval of any kind or character on the part of an Agent or a Bank of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only to the extent in such writing specifically set forth.
No Implied Waiver etc. No delay or failure of the Agent or any Bank, or the holder of any Note in exercising any right, power or privilege hereunder shall affect such right, power or privilege; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies hereunder of the Agent, the Banks and any holder of the Notes are cumulative and not exclusive of any rights or remedies which, it or they would otherwise have. Any amendment, waiver, permit, consent or approval of any kind or character on the part of the Agent or a Bank of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only to the extent in such writing specifically set forth.
No Implied Waiver etc. 40 9.02 Set-Off.......................................... 40 9.03 Survival of Provisions........................... 41 9.04 Expenses and Fees; Indemnity..................... 41 9.05 Severability..................................... 42
No Implied Waiver etc. No delay or failure of the Agent or any Bank in exercising any right, power or privilege hereunder shall affect such right, power or privilege; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or privilege preclude any further exercise thereof or of any other right, power or privilege. The rights and remedies hereunder of the Agent and the Banks are cumulative and not exclusive of any rights or remedies which, it or they would otherwise have. Any amendment, waiver, permit, consent or approval of any kind or character on the part of the Agent or a Bank of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only to the extent in such writing specifically set forth.
No Implied Waiver etc. Except as expressly provided herein, ---------------------- nothing contained herein shall constitute a waiver of, impair or otherwise affect any of the Obligations, any other obligations of the Company or any of the Sterling Subsidiaries or any right of the Agent or the Banks consequent thereon. The waivers and consents provided herein are limited strictly to their terms. Neither the Agent nor any of the Banks shall have any obligation to issue any further waiver or consent with respect to the subject matter hereof or any other matter.
No Implied Waiver etc. 53 9.02 Set-Off.................................................................. 54 9.03
No Implied Waiver etc. Except as expressly provided herein, nothing contained herein shall constitute a waiver of, impair or otherwise affect any of the Obligations, any other obligations of the Borrower, the Guarantor and the Subsidiary Guarantor or any of their Subsidiaries or any right of the Agent or the Banks consequent thereon. The waivers and consents provided herein are limited strictly to their terms. Neither the Agent nor any of the Banks shall have any obligation to issue any further waiver or consent with respect to the subject matter hereof or any other matter.
No Implied Waiver etc. 33 9.02 Set-Off 34 9.03 Survival of Provisions 34 9.04 Expenses and Fees; Indemnity 34 9.05 Severability 35 9.06 Holidays 35 9.07 Notices, etc. 35 9.08 Forum Selection and Consent to Jurisdiction 36 9.09 Waiver of Jury Trial 36 9.10 Governing Law 36 9.11 Validity and Enforceability 36 9.12 Counterparts 36 9.13 Successors and Assigns; Participations; Assignments 36 9.14 Amendments and Waivers 39 9.15 Judgment Currency 39 9.16 Records 40 9.17 Confidentiality 40 ARTICLE X GUARANTEE 40 10.01 The Guarantee 40 10.02 Obligations Unconditional 41 10.03 Reinstatement 42 10.04 Remedies 42 10.05 Continuing Guarantee 42 10.06 No Restrictions 42 10.07 Release of EXEL Acquisition from Guaranty Obligations 42 Exhibit A-1 Form of Promissory Note (X.L. Insurance) Exhibit A-2 Form of Promissory Note (X.L. Reinsurance) Exhibit B Form of Transfer Supplement Exhibit C Contents of Opinions of Counsel Schedule 3.01 Subsidiaries Schedule 6.03(a) Liens Schedule 6.08(d) Indebtedness SHORT TERM REVOLVING CREDIT AGREEMENT, dated and effective as of June 6, 1997, by and between X.L. INSURANCE COMPANY, LTD. ("X.L. Insurance"), a Bermuda limited liability corporation, and X.L. REINSURANCE COMPANY, LTD., a Bermuda limited liability corporation ("X.L. Reinsurance") (X.L. Insurance and X.L. Reinsurance are referred to hereinafter individually as "Borrower" and collectively as the "Borrowers"), EXEL ACQUISITION LTD., a Cayman Islands corporation ("EXEL Acquisition") (X.L. Insurance and EXEL Acquisition are referred to herein individually as "Guarantor" and collectively as the "Guarantors") the Banks (as defined further below) parties hereto from time to time and MELLON BANK, N.A., a national banking association, as Agent for the Banks hereunder (in such capacity, together with successors in such capacity, the "Agent").
