Common use of No Novation or Mutual Departure Clause in Contracts

No Novation or Mutual Departure. 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 amendments contained in Section 2 above; (ii) nothing in this Agreement shall affect or limit Agent’s and Banks’ right to demand payment of liabilities owing from Borrower to Agent and Banks 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 and continuance of a Default or an Event of Default under the Credit Agreement or the other Loan Documents; and (iii) the amendments in Section 2 above shall not apply to any other past, present, or future noncompliance with any provision of the Credit Agreement or any of the other Loan Documents and do not constitute any course of dealing between Agent, Banks, and Borrower.

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 amendments consent contained in Section 2 above; , (ii) nothing in this Agreement shall be deemed to establish a course of conduct so as to justify an expectation by any Loan Party that any Secured Party will make any future consents, or any other future financial accommodations to the Borrower, and (iii) nothing in this Agreement shall affect or limit Agentthe Administrative Agent or any Lender’s and Banks’ right to demand payment of liabilities owing from Borrower any Loan Party to Administrative Agent and Banks or the Lenders under, or to demand strict performance of, of the terms, provisions, provisions and conditions of 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 and continuance of a Default or an Event of Default under the Credit Agreement or the other Loan Documents; and (iii) the amendments in Section 2 above shall not apply to any other past, present, or future noncompliance with any provision of the Credit Agreement or any of the other Loan Documents and do not constitute any course of dealing between Agent, Banks, and Borrower.

No Novation or Mutual Departure. Borrower 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 amendments contained set forth in Section 2 above; above and the limited waiver set forth in Section 4(m) below, and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s and Banks’ or any Lender’s right to (x) demand payment of liabilities owing from Borrower to Agent and Banks the Obligations under, or to demand strict performance of, of the terms, provisions, provisions and conditions of of, the Credit Agreement and the other Loan DocumentsDocuments (in each case, as amended hereby and subject to the limited waiver set forth in Section 4(m) below), as applicable, (y) exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents (in each case, as amended hereby and subject to the limited waiver set forth in Section 4(m) below) or at law or in equity, or to (z) do any and all of the foregoing, immediately at any time after during the occurrence and continuance of a Default or an Event of Default under and in each case, in accordance with the terms and provisions of the Credit Agreement or and the other Loan Documents; and (iii) the amendments in Section 2 above shall not apply to any other past, present, or future noncompliance with any provision of the Credit Agreement or any of the other Loan Documents and do not constitute any course of dealing between Agent, Banks, and Borrower.

No Novation or Mutual Departure. Borrower The 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 amendments and limited wavier contained in Section Sections 2 and 3 above; , (ii) nothing in this Agreement shall affect or limit the Administrative Agent’s and Banks’ or any Lender’s right to demand payment of liabilities owing from Borrower any Loan Party to the Administrative Agent and Banks or the Lender under, or to demand strict performance of, of the terms, provisions, and conditions of 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 and continuance of a Default or an Event of Default under the Credit Agreement or the other Loan Documents; Documents and (iii) the amendments limited waiver granted in Section 2 3 above shall not apply to any other past, present, or future noncompliance with any provision of the Credit Agreement or any of the other Loan Documents and do does not constitute any course of dealing between the Administrative Agent, Banksthe Lenders, and Borrowerthe Loan Parties.

No Novation or Mutual Departure. Borrower The Company expressly ---------------------------------------------- acknowledges and agrees that that: (i) there has not been, and this Agreement Waiver and First Amendment does not constitute or establish, a novation with respect to the Credit Financing Agreement or any of the other Loan Documents, or a mutual departure from the strict terms, provisions, provisions and conditions thereof, other (x) than with respect to the amendments contained and modifications expressly set forth in Sections 3 through 13, inclusive, hereof and (y) the waiver of the Existing Default pursuant to Section 2 abovehereof; and (ii) nothing in this Agreement Waiver and First Amendment shall affect or limit the Agent’s 's and Banks’ the Lenders' right to demand payment of liabilities owing from Borrower the Company to the Agent and Banks the Lenders under, or to demand strict performance of the terms, provisions and conditions of, the terms, provisions, and conditions of the Credit Financing Agreement and the other Loan Documents, to exercise any and all rights, powers, powers and remedies under the Credit Financing 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 anytime after the occurrence and continuance of a Default or an Event of Default under which is not an Existing Default, pursuant to the Credit Financing Agreement or the other Loan Documents; and (iii) the amendments in Section 2 above shall not apply to any other past, present, or future noncompliance with any provision of the Credit Agreement or any of the other Loan Documents and do not constitute any course of dealing between Agent, Banks, and Borrower.

No Novation or Mutual Departure. Borrower 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 amendments contained set forth in Section 3 above and the limited waiver set forth in Section 2 above; , and (ii) nothing in this Agreement Amendment shall affect or limit the Administrative Agent’s and Banks’ or any Lender’s right to (x) demand payment of liabilities owing from Borrower to Agent and Banks the Obligations under, or to demand strict performance of, of the terms, provisions, provisions and conditions of of, the Credit Agreement and the other Loan DocumentsDocuments (in each case, as amended hereby and subject to the limited waiver set forth in Section 2 above), as applicable, (y) exercise any and all rights, powers, and remedies under the Credit Agreement or the other Loan Documents (in each case, as amended hereby and subject to the limited waiver set forth in Section 2 above) or at law or in equity, or to (z) do any and all of the foregoing, immediately at any time after during the occurrence and continuance of a Default or an Event of Default under and in each case, in accordance with the Credit Agreement or the other Loan Documents; terms and (iii) the amendments in Section 2 above shall not apply to any other past, present, or future noncompliance with any provision provisions of the Credit Agreement or any of and the other Loan Documents (in each case, as amended hereby and do not constitute any course of dealing between Agent, Banks, and Borrowersubject to the limited waiver set forth in Section 2 above).