Common use of No Novation or Mutual Departure Clause in Contracts

No Novation or Mutual Departure. Borrower (on behalf of 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, other than with respect to the amendments contained in Section 2 above and (ii) nothing in this Agreement shall affect or limit the Administrative Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Party to the Administrative Agent or 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 (on behalf of each Loan 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 Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the amendments contained in Section 2 above above, and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Party the Borrower to the Administrative Agent or any the 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 (on behalf of 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, other than with respect to the amendments contained in Section Sections 2 above and 3 above; and (ii) nothing in this Agreement shall affect or limit the Administrative 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 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. Borrower (on behalf of each Loan Party) The Borrowers 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 limited amendments contained in Section 2 above and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s or any Lender’s Lenders’ right to demand payment of liabilities owing from any Loan Party the Borrowers to the Administrative Agent or any the 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. Borrower (on behalf of each Loan Party) The Credit Parties expressly acknowledges acknowledge and agrees agree that (i) there has not been, and this Agreement Amendment 2 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 amendments contained in Section 2 above above, and (ii) nothing in this Agreement Amendment 2 shall affect or limit the Administrative Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Credit Party to the Administrative Agent or any the 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 (on behalf of each Loan 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, thereof other than with respect to the amendments contained in Section 2 above above, and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s or any Lender’s right to demand payment of liabilities owing from the Borrower or any Loan other Credit Party to the Administrative Agent or any Lender and the Lenders under, or to demand strict performance of the terms, provisions, 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. Borrower (on behalf of each Loan Party) Borrowers 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 limited amendments contained in Section 2 above and Xxxxxxx 0, 0 xxx 0 xxxxx, xxx (iixx) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s 's or any Lender’s Lenders' right to demand payment of liabilities owing from any Loan Party Borrowers to the Administrative Agent or any Lender 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. Borrower (on behalf of each Loan Party) The Credit Parties expressly acknowledges acknowledge and agrees agree that (i) there has not been, and this Agreement Amendment 1 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 amendments contained in Section 2 above above, and (ii) nothing in this Agreement Amendment 1 shall affect or limit the Administrative Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Credit Party to the Administrative Agent or any the 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. Borrower (on behalf of each Loan Party) Borrowers 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 limited amendments contained in Section 2 above above, and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s 's or any Lender’s Lenders' right to demand payment of liabilities owing from any Loan Party Borrowers to the Administrative Agent or any Lender 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 (on behalf of 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, other than with respect to the amendments contained in Section 2 above 2, Section 3, Section 4 and Section 5 above; and (ii) nothing in this Agreement shall affect or limit the Administrative Agent’s or any Lender’s the Lenders’ right to demand payment of liabilities owing from any Loan Party the Borrower to the Administrative Agent or 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. Borrower (on behalf of each Loan Party) The Borrowers 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 amendments contained in Section 2 above above, and (ii) nothing in this Agreement shall affect or limit the Administrative Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Party Borrower to the Administrative Agent or any the 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. Borrower (on behalf of each Loan Party) Borrowers expressly acknowledges acknowledge and agrees that 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 limited amendments contained in Section 2 above above, and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s 's or any Lender’s Lenders' right to demand payment of liabilities owing from any Loan Party Borrowers to the Administrative Agent or any Lender 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 (on behalf of each Loan Party) expressly acknowledges and agrees that (i) there has not been, and this Agreement Amendment does not constitute or establish, a novation 2 NAI-1527875837v2 NAI-1527875837v2 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 amendments contained in Section 2 above above, and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Party the Borrower to the Administrative Agent or any the 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 (on behalf of each Loan 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 Documents, or a mutual departure from the strict terms, provisions, and conditions thereof, other than with respect to the amendments contained in Section 2 above above, and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s or any Lender’s right to demand payment of liabilities owing from any Loan Party the Borrower to the Administrative Agent or any the 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 3 NAI-1527301555v2 NAI-1527301555v2 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 (on behalf of 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, other than with respect to the amendments contained in Section 2 above 2, Section 3 and Section 4 above; and (ii) nothing in this Agreement shall affect or limit the Administrative Agent’s or any Lender’s the Lenders’ right to demand payment of liabilities owing from any Loan Party the Borrower to the Administrative Agent or 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. Borrower (on behalf of each Loan Party) Borrowers 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 limited amendments contained in Section 2 above 3 above, and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s 's or any Lender’s Lenders' right to demand payment of liabilities owing from any Loan Party Borrowers to the Administrative Agent or any Lender 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. Borrower (on behalf of each Loan Party) Borrowers 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 limited amendments contained in Section 2 above Sections 2, 3 and 4 above, and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s or any Lender’s Lenders’ right to demand payment of liabilities owing from any Loan Party Borrowers to the Administrative Agent or any Lender 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.