Common use of No Other Waivers; Reservation of Rights Clause in Contracts

No Other Waivers; Reservation of Rights. Neither the Administrative Agent nor any of the Lenders has waived, is not by this Forbearance Agreement waiving, and has no intention of waiving any of the Existing 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 Administrative Agent nor any of the Lenders has agreed to forbear with respect to any of their respective rights or remedies concerning any Defaults or Events of Default (other than, during the Forbearance Period, the Existing Events of Default solely 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. Subject to Section 1(a) above (solely with respect to the Existing Events of Default and only during the Forbearance Period), the Administrative Agent and the Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan Documents, at law or otherwise as a result of any Defaults or Events of Default which may be continuing on the date hereof or any Defaults or Events of Default which may occur after the date hereof, and the Administrative Agent and the Lenders have not waived any of such rights or remedies, and nothing in this Forbearance Agreement, and no delay on any of their part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies. Borrower, Holdings and the other Loan Parties hereby acknowledge and agree that to the extent that the Credit Agreement and any other Loan Document prohibits, restricts or limits any action or omission by Borrower or any of its Subsidiaries, or imposes any condition, certification or notification requirement on Borrower or any of its Subsidiaries upon the occurrence and continuance of a Default or Event of Default, then, notwithstanding the forbearance obligations provided herein, such prohibition, restriction, limitation, condition, certification or notification requirement shall continue to apply during the Forbearance Period and thereafter so long as such Default or Event of Default exists. Borrower, Holdings and the other Loan Parties hereby acknowledge and agree that the running of any statutes of limitation or doctrine of laches applicable to any claims or causes of action (or any legal presumptions related thereto) that the Administrative Agent or any Lender may be entitled to take or bring against Borrower, Holdings or any of the other Loan Parties (or any of their respective assets) is, to the fullest extent permitted by law, tolled and suspended during the Forbearance Period.

No Other Waivers; Reservation of Rights. Neither the Administrative Agent Trustee nor any of the Lenders Holders has waived, is not by this Forbearance Agreement waiving, and has no current intention of waiving any of the Existing Events of Default, any other Defaults or Events of Default (other than, during the Forbearance Period, the Specified Events of Default solely to the extent expressly set forth herein) or any of the liabilities or obligations (including any Obligations) under any of the Loan DocumentsIndenture, and neither the Administrative Agent Trustee nor any of the Lenders Holders has agreed to forbear with respect to any of their respective rights or remedies concerning any Defaults or Events of Default (other than, during the Forbearance Period, the Existing Specified Events of Default solely 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. Subject to Section 1(a) above (solely with respect to the Existing Specified Events of Default and only during the Forbearance Period)) and Section 3 below, the Administrative Agent Trustee and the Lenders Holders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan DocumentsIndenture, at law or otherwise as a result of any Defaults or Events of Default which may be continuing on the date hereof or any Defaults or Events of Default which may occur after the date hereof, and the Administrative Agent Trustee and the Lenders Holders have not waived any of such rights or remedies, and nothing in this Forbearance Agreement, and no delay on any of their part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies. Borrower, Holdings The Company and each of the other Loan Parties Guarantors hereby acknowledge and agree that to the extent that the Credit Agreement and any other Loan Document Indenture prohibits, restricts or limits any action or omission by Borrower the Company or any of its Subsidiariesthe Guarantors, or imposes any condition, certification or notification requirement on Borrower or any the Company and each of its Subsidiaries the Guarantors upon the occurrence and continuance of a Default or Event of Default, then, notwithstanding the forbearance obligations provided herein, such prohibition, restriction, limitation, condition, certification or notification requirement shall continue to apply during the Forbearance Period and thereafter so long as such Default or Event of Default exists. Borrower, Holdings The Company and each of the other Loan Parties Guarantors hereby acknowledge acknowledges and agree agrees that the running of any statutes of limitation or doctrine of laches applicable to any claims or causes of action (or any legal presumptions related thereto) that the Administrative Agent Trustee or any Lender Holders may be entitled to take or bring against Borrower, Holdings the Company or any of the other Loan Parties Guarantors (or any of their respective assets) is, to the fullest extent permitted by law, tolled and suspended during the Forbearance Period.

No Other Waivers; Reservation of Rights. Neither the Administrative Agent Trustee nor any of the Lenders Forbearing Holders has waived, is not by this Forbearance Agreement waiving, and has no current intention of waiving any of the Existing 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 DocumentsIndenture, and neither the Administrative Agent Trustee nor any of the Lenders Forbearing Holders has agreed to forbear with respect to any of their respective rights or remedies concerning any Defaults or Events of Default (other than, during the Forbearance Period, the Existing Specified Events of Default solely 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. Subject to Section 1(a) and Section 1(b) above (solely with respect to the Existing Specified Events of Default and only during the Forbearance Period), the Administrative Agent Trustee and the Lenders Forbearing Holders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan DocumentsIndenture, at law or otherwise as a result of any Defaults or Events of Default which may be continuing on the date hereof or any Defaults or Events of Default which may occur after the date hereof, and the Administrative Agent Trustee and the Lenders Forbearing Holders have not waived any of such rights or remedies, and nothing in this Forbearance Agreement, and no delay on any of their part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies. Borrower, Holdings The Company and each of the other Loan Parties Guarantors hereby acknowledge and agree that to the extent that the Credit Agreement and any other Loan Document Indenture prohibits, restricts or limits any action or omission by Borrower the Company or any of its Subsidiariesthe Guarantors, or imposes any condition, certification or notification requirement on Borrower or any the Company and each of its Subsidiaries the Guarantors upon the occurrence and continuance of a Default or Event of Default, then, notwithstanding the forbearance obligations provided herein, such prohibition, restriction, limitation, condition, certification or notification requirement shall continue to apply during the Forbearance Period and thereafter so long as such Default or Event of Default exists. Borrower; provided, Holdings that, notwithstanding the foregoing, the Company and the other Loan Parties Guarantors shall be permitted to enter into and consummate the Hawkeye Transaction. The Company and each of the Guarantors hereby acknowledge acknowledges and agree agrees that the running of any statutes of limitation or doctrine of laches applicable to any claims or causes of action (or any legal presumptions related thereto) that the Administrative Agent Trustee or any Lender Forbearing Holders may be entitled to take or bring against Borrower, Holdings the Company or any of the other Loan Parties Guarantors (or any of their respective assets) is, to the fullest extent permitted by law, tolled and suspended during the Forbearance Period.

No Other Waivers; Reservation of Rights. Neither the Administrative Agent nor any of the Lenders Lender has waived, is not by this Forbearance Agreement Fifth Amendment waiving, and or has no any intention of waiving waiving, any of the Existing Events of Default, Default which may be continuing on the date hereof or any other Defaults Events of Default which may occur after the date hereof (whether the same or similar to the Specified Events of Default or any of the liabilities or obligations (including any Obligations) under any of the Loan Documentsotherwise), and neither the Administrative Agent nor any of the Lenders Lender has agreed to forbear with respect to any of their respective its rights or remedies concerning any Defaults or other Events of Default (other than, during the Forbearance Period, the Existing Specified Events of Default solely 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 hereofoccurring at any time. Subject to Section 1(a1(b) above (solely with respect to the Existing Specified Events of Default and only during the Forbearance PeriodDefault), the Administrative Agent and the Lenders reserve each Lender reserves the right, in their its discretion, to exercise any or all of their its rights and remedies under the Amended Credit Agreement and the other Loan Documents, at law or otherwise Documents as a result of any Defaults or other Events of Default which may be continuing on the date hereof or occurring at any Defaults or Events of Default which may occur after the date hereof, and time. Neither the Administrative Agent and the Lenders have not nor any Lender has waived any of such rights or remedies, and nothing in this Forbearance AgreementFifth Amendment, and no delay on any of their its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies. BorrowerOther than as expressly set forth in Section 6 below, Holdings and the other Loan Parties hereby acknowledge and agree that to the extent that the Credit Agreement and any other Loan Document prohibits, restricts or limits any action or omission by Borrower or any of its Subsidiaries, or imposes any condition, certification or notification requirement on Borrower or any of its Subsidiaries upon the occurrence and continuance of a Default or Event of Default, then, notwithstanding the forbearance obligations provided herein, such prohibition, restriction, limitation, condition, certification or notification requirement shall continue to apply during the Forbearance Period and thereafter so long as such Default or Event of Default exists. Borrower, Holdings and the other Loan Parties hereby acknowledge and agree that the running of any statutes of limitation or doctrine of laches applicable to any claims or causes of action (or any legal presumptions related thereto) that neither the Administrative Agent or nor any Lender may be entitled has consented to, or is by this Fifth Amendment consenting to, any Change of Control with respect to take or bring against Borrower, Holdings or any of the other Loan Parties (or any of their respective assets) is, to the fullest extent permitted by law, tolled and suspended during the Forbearance PeriodParty.

No Other Waivers; Reservation of Rights. Neither the Administrative Agent Trustee nor any of the Lenders Holders has waived, is not by this Forbearance Agreement waiving, and has no current intention of waiving any of the Existing Events of Default, any other Defaults or Events of Default (other than, during the Forbearance Period, the Specified Event of Default solely to the extent expressly set forth herein) or any of the liabilities or obligations (including any Obligations) under any of the Loan DocumentsIndenture, and neither the Administrative Agent Trustee nor any of the Lenders Holders has agreed to forbear with respect to any of their respective rights or remedies concerning any Defaults or Events of Default (other than, during the Forbearance Period, the Existing Events Specified Event of Default solely 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. Subject to Section 1(a) above (solely with respect to the Existing Events Specified Event of Default and only during the Forbearance Period)) and Section 3 below, the Administrative Agent Trustee and the Lenders Holders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan DocumentsIndenture, at law or otherwise as a result of any Defaults or Events of Default which may be continuing on the date hereof or any Defaults or Events of Default which may occur after the date hereof, and the Administrative Agent Trustee and the Lenders Holders have not waived any of such rights or remedies, and nothing in this Forbearance Agreement, and no delay on any of their part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies. Borrower, Holdings The Company and each of the other Loan Parties Guarantors hereby acknowledge and agree that to the extent that the Credit Agreement and any other Loan Document Indenture prohibits, restricts or limits any action or omission by Borrower the Company or any of its Subsidiariesthe Guarantors, or imposes any condition, certification or notification requirement on Borrower or any the Company and each of its Subsidiaries the Guarantors upon the occurrence and continuance of a Default or Event of Default, then, notwithstanding the forbearance obligations provided herein, such prohibition, restriction, limitation, condition, certification or notification requirement shall continue to apply during the Forbearance Period and thereafter so long as such Default or Event of Default exists. Borrower, Holdings The Company and each of the other Loan Parties Guarantors hereby acknowledge acknowledges and agree agrees that the running of any statutes of limitation or doctrine of laches applicable to any claims or causes of action (or any legal presumptions related thereto) that the Administrative Agent Trustee or any Lender Holders may be entitled to take or bring against Borrower, Holdings the Company or any of the other Loan Parties Guarantors (or any of their respective assets) is, to the fullest extent permitted by law, tolled and suspended during the Forbearance Period.

No Other Waivers; Reservation of Rights. Neither the Administrative Agent nor Trustee, any of the Lenders Holders nor any beneficial owner of any of the Notes has waived, is not by this Forbearance Agreement waiving, and has no intention of waiving any of the Existing 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 Note Documents, and neither the Administrative Agent nor Trustee, any of the Lenders Holders nor any beneficial owner of any of the Notes has agreed to forbear with respect to any of their respective rights or remedies concerning any Defaults or Events of Default (other than, during the Forbearance Period, the Existing Events of Default solely 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. Subject to Section 1(a) above (solely with respect to the Existing Events of Default and only during the Forbearance Period), the Administrative Agent Trustee, the Holders and each beneficial owner of any of the Lenders Notes reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement Indenture, the Notes and the other Loan Note Documents, at law or otherwise as a result of any Defaults or Events of Default which may be continuing on the date hereof or any Defaults or Events of Default which may occur after the date hereof, and the Administrative Agent Trustee, each of the Holders and each beneficial owner of any of the Lenders have Notes has not waived any of such rights or remedies, and nothing in this Forbearance Agreement, and no delay on any of their part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies. Borrower, Holdings The Issuer and the other Loan Parties Guarantors hereby acknowledge and agree that to the extent that the Credit Agreement Indenture and any other Loan Note Document prohibits, restricts or limits any action or omission by Borrower the Issuer or any of its Subsidiaries, or imposes any condition, certification or notification requirement on Borrower the Issuer or any of its Subsidiaries upon the occurrence and continuance of a Default or Event of Default, then, notwithstanding the forbearance obligations provided herein, such prohibition, restriction, limitation, condition, certification or notification requirement shall continue to apply during the Forbearance Period and thereafter so long as such Default or Event of Default exists. Borrower, Holdings The Issuer and the other Loan Parties Guarantors hereby acknowledge and agree that the running of any statutes of limitation or doctrine of laches applicable to any claims or causes of action (or any legal presumptions related thereto) that the Administrative Agent Trustee or any Lender Holder may be entitled to take or bring against Borrower, Holdings the Issuer or any of the other Loan Parties Guarantors (or any of their respective assets) is, to the fullest extent permitted by law, tolled and suspended during the Forbearance Period.