No Novation or Waiver. Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender under the Credit Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.
No Novation or Waiver. Nothing contained herein constitutes a novation of the Credit Agreement or any of the documents collateral thereto and shall not constitute a release, termination or waiver of any of the liens, security interests, rights or remedies granted to Agent and Lenders in the Credit Agreement or any of the other Loan Documents, which liens, security interests, rights or remedies are hereby ratified, confirmed, extended and continued as security for all obligations secured by the Credit Agreement. Nothing contained herein constitutes an agreement or obligation by Agent or Lenders to grant any further amendments to the Credit Agreement or any of the other Loan Documents.
No Novation or Waiver. Except as expressly set forth herein, this Amendment is not intended to be, nor shall it be construed to create, a nullification, discharge, waiver or release of any obligation incurred in connection with the Notes, the Credit Agreement and/or any other Credit Documents, or to waive or release any collateral given by Borrowers to secure the Notes, nor shall this Amendment be deemed or considered to operate as a novation of the Notes, the Credit Agreement or the other Credit Documents. This Amendment shall not constitute a modification of the Credit Agreement or any of the other Credit Documents or a course of dealing with Agents or the Lenders at variance with the Credit Agreement or the other Credit Documents such as to require further notice by Administrative Agent or the Lenders to require strict compliance with the terms of the Credit Agreement and the other Credit Documents in the future, except as expressly set forth herein. Each Borrower acknowledge and expressly agree that Agents and the Lenders reserve the right to, and do in fact, require strict compliance with all terms and provisions of the Credit Agreement and the other Credit Documents. Except to the extent of any express conflict with this Amendment, all of the terms and conditions of the Notes, the Credit Agreement and the other Credit Documents shall remain in full force and effect, and the same are hereby expressly approved, ratified and confirmed. In the event of any express conflict between the terms and conditions of the Notes, the Credit Agreement or the other Credit Documents and this Amendment, this Amendment shall be controlling and the terms and conditions of such other documents shall be deemed to be amended to conform with this Amendment.
No Novation or Waiver. Borrower, Guarantors, Lender, Issuing Bank and Agent intend that the execution and delivery of this Amendment shall not constitute or be construed to operate as a novation of the Credit Agreement, the Notes, the Deed of Trust, the Guaranty, the Borrower Security Agreement, the Borrower Pledge Agreement, the Intellectual Property Assignments, the Guarantor Security Agreement, the UIC Pledge Agreement, the UIC Subordination Agreement, the UIC-DEL Subordination Agreement, the L/C Agreements or any other of the Credit Documents or any obligations of Borrower or Guarantors evidenced by any of the Credit Documents or as a novation of any security interests or other Liens directly or indirectly securing any of such obligations. Nothing contained in this Amendment or in any prior oral or written communications from or on behalf of Lender, Issuing Bank or Agent to Borrower or any of Guarantors shall constitute or be construed to operate as a waiver by Lender, Issuing Bank or Agent of any Defaults or Events of Default which have occurred. Nor shall anything contained in this Amendment or in any prior oral or written communications from or on behalf of Lender, Issuing Bank or Agent to Borrower or any of Guarantors constitute or be construed to operate as a waiver by Lender, Issuing Bank or Agent of any rights or remedies heretofore or hereafter accruing to Lender, Issuing Bank or Agent on account of any such Default or Event of Default or any other Default or Event of Default.
No Novation or Waiver. Borrower and Lender intend that the execution and delivery of this Agreement shall not constitute or be construed to operate as a novation of the Credit Agreement or any obligations of Borrower evidenced by any of the Credit Documents or as a novation of any security interests or other Liens directly or indirectly securing any of such obligations. The amendment and restatement of the Revolving Credit Note executed and delivered to Lender pursuant to Section 10 of this Agreement shall constitute the "Revolving Credit Note" for purposes of and as defined in the Credit Agreement. Nothing contained in this Agreement or in any prior oral or written communications from or on behalf of Lender to Borrower shall constitute or be construed to operate as a waiver by Lender of any Defaults or Events of Default which have occurred or of any rights or remedies heretofore or hereafter accruing to Lender on account of any such Default or Event of Default or any other Default or Event of Default.
No Novation or Waiver. Except as specifically set forth in this Second Amendment, the execution, delivery and effectiveness of this Second Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, Lender under the Credit Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.
No Novation or Waiver. Borrower, Guarantors, Lender, Issuing Bank and Agent intend that the execution and delivery of this Amendment shall not constitute or be construed to operate as
No Novation or Waiver. Except as expressly set forth herein, the execution, delivery and effectiveness of this Agreement shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, Administrative Agent (including Resigning Agent and Successor Agent) or any Lender under the Credit Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Agreement or in any of the other Loan Documents or of any Event of Default, a breach or default by Borrower or event or condition which, with the passage of time or the giving of notice, or both, would constitute, a breach or default by Borrower (whether or not known to Resigning Agent, Successor Agent, or any Lender) that may have occurred and be continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.
No Novation or Waiver. Except as specifically set forth herein, the execution, delivery and effectiveness of this Agreement shall not (i) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Bridge Lenders under any Bridge Loan Document, (ii) constitute a waiver of any provision of any Bridge Loan Document or of any event of default that may have occurred and be continuing, or (iii) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in any Bridge Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.
No Novation or Waiver. Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, Agent, the Fronting Lender or any Lender under the Credit Agreement or any other Loan Document, (b)
