No Other Waivers; Reservation of Rights. (a) Brigus has not waived, is not by this Agreement waiving, and has no intention of waiving, any events of default under the Financing Agreements ("Events of Default") which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Existing Defaults or otherwise), and Brigus has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. Nothing contained in this Agreement, nor any action by Brigus, nor any failure to act by Brigus, shall be deemed to constitute or shall be construed as (i) a course of dealing obligating Brigus to take, or not to take, any action, including without limitation to provide any accommodations, financial or otherwise, to any Borrower at any time, (ii) a commitment or an agreement to make a commitment with respect to any possible restructure of the indebtedness evidenced by the Promissory Notes or (iii) an agreement to forbear from exercising any rights or remedies following the termination of the Forbearance Period.
(b) Subject to Section 2.2(a) above, Brigus reserves its right, in its discretion, to exercise any or all of its rights and remedies under the Promissory Notes and the other Financing Agreements as a result of any Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof; and Brigus has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.
No Other Waivers; Reservation of Rights. (a) GE Capital has not waived, is not by this Agreement waiving, and may never waive, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Defaults or otherwise), and GE Capital has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof.
(b) Subject to Section 3.2 above (and solely with respect to the Specified Defaults), GE Capital reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Agreement and the other Loan Documents as a result of any Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.
No Other Waivers; Reservation of Rights. Lender has not waived and is not by this Agreement waiving, any Events of Default which may exist or be continuing on the Amendment Closing Date or any Events of Default which may occur after the Amendment Closing Date. Lender reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Loan Documents as a result of any Events of Default that may be continuing on the Amendment Closing Date or any Event of Default that may occur after the Amendment Closing Date, and Lender has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.
No Other Waivers; Reservation of Rights. (a) Neither Agent nor any Lender has waived, is by this Agreement waiving, or has any intention of waiving, any Default which may be continuing on the date hereof or any Default which may occur after the date hereof (other than, during the Waiver Period, the Anticipated Defaults to the extent expressly set forth herein).
(b) Subject to Section 4(a) above, Agent and Lenders reserve the right, in their discretion, to exercise any or all of their respective rights and remedies under the Credit Agreement and the other Loan Documents as a result of any Default which may be continuing on the date hereof or any Default which may occur after the date hereof (other than with respect to the Anticipated Defaults during the Waiver Period), and neither Agent nor any Lender has waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.
No Other Waivers; Reservation of Rights. Neither the Agent nor any Lender has waived, is by this Sixth Amendment waiving, or has any intention of waiving, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Events of Default or otherwise), and neither the Agent nor any Lender has agreed to forbear with respect to any of its rights or remedies concerning any other Events of Default (other than, during the Forbearance Period, the Specified Events of Default to the extent expressly set forth herein), occurring at any time. Subject to Section 1(b) above (solely with respect to the Specified Events of Default), Agent and each Lender reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Amended Credit Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Neither the Agent nor any Lender has waived any of such rights or remedies, and nothing in this Sixth Amendment, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies. Other than as expressly set forth in Section 6 below, neither the Agent nor any Lender has consented to, or is by this Sixth Amendment consenting to, any Change of Control with respect to any Loan Party.
No Other Waivers; Reservation of Rights. (a) Lender has not waived, is not by this Agreement waiving any events of default which may be continuing on the date hereof or any events of default which may occur after the date hereof, and except as expressly set forth in Section 3.1(a) hereof, Lender has not agreed to forbear with respect to any of its rights or remedies concerning any events of default, which may have occurred and are continuing as of the date hereof or which may occur after the date hereof.
No Other Waivers; Reservation of Rights. Other than as specifically provided herein, this Amendment shall not operate as a waiver of any right, power, privilege or remedy of the Bank under the Assignment or an amendment of any other term or condition of the Assignment.
No Other Waivers; Reservation of Rights. Neither the Administrative Agent nor any of the Lenders has waived any of the Specified Events of Default, any other Defaults or Events of Default or any of the liabilities or obligations (including any Obligations) under any of the Loan Documents, and neither the
No Other Waivers; Reservation of Rights. Neither any Lender Party nor any Lender Counterparty has agreed to forbear with respect to any of their Rights and Remedies concerning the Designated Credit Agreement Default (other than, during the Standstill period, the Designated Credit Agreement Default to the extent expressly set forth herein) or any other Default that may have occurred or is continuing as of the date hereof or that may occur after the date hereof. Subject to Section IV below (solely with respect to the existing Designated Credit Agreement Default), Lender Parties and Lender Counterparties reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement as a result of the Designated Credit Agreement Default that may be continuing on the date hereof or any other Default that may occur after the date hereof, and Lender Parties and Lender Counterparties have not waived any such rights and remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights and remedies, should be construed as a waiver of any such rights and remedies.
No Other Waivers; Reservation of Rights i. YA Global has not waived, is not by this Agreement waiving, and has no intentions of waiving, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof, and YA Global has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default, which may have occurred or are continuing as of the date hereof or which may occur after the date hereof.
ii. Subject to Section 4(b) above (solely with respect to the Maturity Date), YA Global reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Transaction Documents as a result of any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof, and YA Global has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.
