Common use of No Novation or Mutual Departure Clause in Contracts

No Novation or Mutual Departure. The Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent contained in Section 2 above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent or any Lender’s right to demand payment of liabilities owing from any Loan Party to Administrative Agent or the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent amendments contained in Section 2 above, ; and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s Lenders’ right to demand payment of liabilities owing from any Loan Party the Borrower to the Administrative Agent or the Lenders any Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent amendments contained in Section 2 above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent or any Lender’s right to demand payment of liabilities owing from any Loan Party to Administrative Agent or the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Each Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent amendments contained in Section 2 above, ; and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s Lenders’ right to demand payment of liabilities owing from any Loan Party the Borrowers to Administrative the Agent or the Lenders any Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Borrower Loan Parties expressly acknowledges acknowledge and agrees agree that (i) there has not been, and this Agreement Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent amendments contained in Section 2 above, above and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Party to the Administrative Agent or the Lenders any Lender under, or to demand strict performance of the terms, provisions provisions, and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Borrower Loan Parties expressly acknowledges acknowledge and agrees agree that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent amendments contained in Section 2 above, above and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Party to the Administrative Agent or the Lenders Lender under, or to demand strict performance of the terms, provisions provisions, and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Borrower Each Credit Party expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Credit Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, thereof other than with respect to the consent contained amendments in Section 2 above, above and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from the Borrower or any Loan other Credit Party to Administrative the Agent or and the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Credit Documents, to exercise any and all rights, powers, powers and remedies under the Credit Agreement or the other Loan Credit Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Credit Documents.

No Novation or Mutual Departure. The Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Credit Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, thereof other than with respect to the consent contained amendments in Section 2 3 above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from the Borrower or any Loan other Credit Party to Administrative the Agent or and the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Credit Documents, to exercise any and all rights, powers, powers and remedies under the Credit Agreement or the other Loan Credit Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Credit Documents.

No Novation or Mutual Departure. The Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent amendments contained in Section 2 above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent or any Lender’s right to demand payment of liabilities owing from any Loan Party to Administrative Agent or the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence #224559046_v4 of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Borrower Credit Parties expressly acknowledges acknowledge and agrees agree that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent amendments contained in Section 2 above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Credit Party to the Administrative Agent or the Lenders any Lender under, or to demand strict performance of the terms, provisions provisions, and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Credit Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, thereof other than with respect to the consent contained amendments in Section 2 above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from the Borrower or any Loan other Credit Party to Administrative the Agent or and the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Credit Documents, to exercise any and all rights, powers, powers and remedies under the Credit Agreement or the other Loan Credit Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Credit Documents.

No Novation or Mutual Departure. The Each of the Borrower and the Subsidiary L/C Account Party expressly acknowledges and agrees that (i) there has not been, and this Agreement Amendment does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Credit Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent contained in Section 2 above, thereof and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent Agent’s or any Lender’s the Lenders’ right to demand payment of liabilities owing from any Loan the Borrower or the Subsidiary L/C Account Party to Administrative the Agent or and the Lenders Lender under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Credit Documents, to exercise any and all rights, powers, powers and remedies under the Credit Agreement or the other Loan Credit Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Credit Documents.

No Novation or Mutual Departure. The Borrower Credit Parties expressly acknowledges acknowledge and agrees agree that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent amendments contained in Section 2 above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Credit Party to the Administrative Agent or the Lenders Lender under, or to demand strict performance of the terms, provisions provisions, and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Borrower Each Credit Party expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Credit Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, thereof other than with respect to the limited amendments and consent contained in Section Sections 2 above, and 3 above and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from the Borrower or any Loan other Credit Party to Administrative the Agent or and the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Credit Documents, to exercise any and all rights, powers, powers and remedies under the Credit Agreement or the other Loan Credit Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Credit Documents.

No Novation or Mutual Departure. The Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Credit Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, thereof other than with respect to the consent contained and amendments in Section Sections 2 and 3 above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from the Borrower or any Loan other Credit Party to Administrative the Agent or and the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Credit Documents, to exercise any and all rights, powers, powers and remedies under the Credit Agreement or the other Loan Credit Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Credit Documents.

No Novation or Mutual Departure. The Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent waiver contained in Section 2 above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent or any Lender’s right to demand payment of liabilities owing from any Loan Party to Administrative Agent or the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Credit Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, thereof other than with respect to the consent contained amendments in Section Sections 2 through 4 above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from the Borrower or any Loan other Credit Party to Administrative the Agent or and the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Credit Documents, to exercise any and all rights, powers, powers and remedies under the Credit Agreement or the other Loan Credit Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Credit Documents.

No Novation or Mutual Departure. The Each of Holdings and the Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent amendments contained in Section 2 above, above and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from the Borrower or any other Loan Party to the Administrative Agent or the Lenders under, or to demand strict performance of the terms, provisions provisions, and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Borrower Each Loan Party expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, or the Obligations, other than with respect to the consent contained in Section 2 aboveas expressly set forth herein, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Party to Administrative Agent or the Lenders such Persons under, or to demand strict performance of the terms, provisions provisions, and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.

No Novation or Mutual Departure. The Borrower expressly acknowledges and agrees that (i) there has not been, and this Agreement does not constitute or establish, a novation with respect to the Credit Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the consent amendments contained in Section 2 above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent or any Lender’s right to demand payment of liabilities owing from any Loan Party to Administrative Agent or the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the Credit Agreement and the other Loan Documents, to exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents or at law or in equity, or to do any and all of the foregoing, immediately at any time after the occurrence of a Default or an Event of Default under the Credit Agreement or the other Loan Documents.