No Waiver and Reservation of Rights. The Loan Parties acknowledge that the Lenders are not waiving the Existing Defaults but, are simply agreeing to forbear from exercising their rights with respect to the Existing Defaults to the extent expressly set forth in this Agreement. Without limiting the generality of the foregoing, the Loan Parties acknowledge and agree that immediately upon expiration of the Standstill Period, the Agent and the Lenders have all of their rights and remedies with respect to the Existing Defaults to the same extent, and with the same force and effect, as if the forbearance had not occurred. The Loan Parties will not assert and hereby forever waive any right to assert that the Agent or the Lenders are obligated in any way to continue beyond the Standstill Period to forbear from enforcing their rights or remedies or that the Agent and the Lenders are not entitled to act on the Existing Defaults after the occurrence of a Standstill Termination as if such default had just occurred and the Standstill Period had never existed. The Loan Parties acknowledge that the Agent and the Lenders have made no representations as to what actions, if any, the Agent or the Lenders will take after the Standstill Period or upon the occurrence of any Standstill Termination, a Default or Event of Default, and the Agent and the Lenders must and do hereby specifically reserve any and all rights, remedies, and claims they have (after giving effect hereto) with respect to the Existing Defaults and each other Default or Event of Default that may occur.
No Waiver and Reservation of Rights. The Bank Group is not waiving the Existing Defaults, but is simply agreeing to forbear from exercising its rights with respect to the Existing Defaults to the extent expressly set forth in this Agreement. The Bank Group is not obligated in any way to continue beyond the Standstill Period to forbear from enforcing its rights or remedies, and the Bank Group is entitled to act on the Existing Defaults after the occurrence of a Standstill Termination as if such defaults had just occurred and the Standstill Period had never existed. The Bank Group makes no representations as to what actions, if any, the Bank Group will take after the Standstill Period or upon the occurrence of any Standstill Termination, an Event of Default, or an event which with notice or lapse of time, or both, would constitute an Event of Default, and the Bank Group must and does hereby specifically reserve any and all rights and remedies it has (after giving effect hereto) with respect to the Existing Defaults and each other Event of Default that may occur.
No Waiver and Reservation of Rights. The Borrower and the Material Subsidiaries (the Borrower and the Material Subsidiaries being hereinafter referred to collectively as the "Loan Parties" and each individually as a "Loan Party") acknowledge that the Banks are not waiving the Existing Defaults, but are simply agreeing to forbear from exercising their rights with respect to the Existing Defaults to the extent expressly set forth in this letter. Each Loan Party will not assert and hereby forever waives any right to assert that the Agent or the Banks are obligated in any way to continue beyond the Standstill Period to forbear from enforcing their rights or remedies or that the Agent and the Banks are not entitled to act on the Existing Defaults after the occurrence of a Standstill Termination as if such default had just occurred and the Standstill Period had never existed. Each Loan Party acknowledges that the Banks have made no representations as to what actions, if any, the Banks will take after the Standstill Period or upon the occurrence of any Standstill Termination, a Default or Event of Default, and the Banks and the Agent must and do hereby specifically reserve any and all rights and remedies they have (after giving effect hereto) with respect to the Existing Defaults and each other Default or Event of Default that may occur.
No Waiver and Reservation of Rights. Zumba’s failure to enforce a provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement. All rights not specifically granted herein are expressly reserved by Xxxxx.
No Waiver and Reservation of Rights. Nothing herein is intended to, does or shall be deemed in any manner to waive, limit, impair, or restrict the ability of either party hereto to protect and preserve its rights, remedies, and interests, so long as such actions are not inconsistent with such party’s obligations hereunder. Without limiting the foregoing sentence in any way, if the Transactions contemplated by this Agreement or otherwise set forth in the FILO Term Sheet or the Definitive Documentation are not consummated as provided herein or therein, or if this Agreement is terminated for any reason, the Parties each fully reserve any and all of their respective rights, remedies and interests.
No Waiver and Reservation of Rights. Except as expressly stated herein, nothing contained in this Agreement shall be construed as a waiver by Foundation of any provision of the CSA and the Foundation hereby reserves all rights, privileges, and remedies granted nuder the CSA or applicable law. In addition, the observance of any term of this Agreement may be waived (whether generally or in a particular instance and either retroactively or prospectively) by the Party entitled to enforce such term, but any such waiver will be effective only if in writing, signed by the Party against which such waiver is to be asserted. Except as otherwise provided in this Agreement, no failure or delay of a Party in exercising any power, right, or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any such right, power, or remedy, preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. A waiver by a Party shall be limited to the specific instance in which it is given and, therefore, any waiver by a Party of any obligation of another Party or breach by another Party of this Agreement or of any power, right, or remedy of the waiving Party shall not be a waiver of any other obligation or further or future performance of the same obligation, of any other or succeeding breach, of any other or further exercise of such power, right, or remedy or any other power, right, or remedy.
No Waiver and Reservation of Rights. (a) Nothing in this Agreement is intended or shall be deemed or construed to in any way waive, alter or impair the obligations or any of the rights or remedies of the Agent or the Lenders under the Transaction Documents or Applicable Law. Without limiting the generality of the foregoing, nothing in this Agreement extends the maturity of or otherwise affects the enforceability of any obligation under the RFA. All terms and provisions of the RFA, the PASA, the DACA and the Performance Guaranty remain in full force and effect, except to the extent expressly modified by this Agreement. The Borrower acknowledges that the Lenders have made no representations as to what actions, if any, the Lenders will take after the Forbearance Termination Date, and the Lenders and the Agent must and do hereby specifically reserve any and all rights, remedies, and claims they have (after giving effect hereto) with respect to the Events of Default and each other Default that may occur.
No Waiver and Reservation of Rights. Borrower acknowledges that Lender is not waiving the Defaults, but is simply agreeing to forbear from exercising its rights with respect to the Defaults to the extent set forth in this Agreement. Without limiting the generality of the foregoing, Borrower acknowledges and agrees that immediately upon expiration of the Forbearance Period, Lender shall have all of its rights and remedies with respect to the Defaults to the same extent, and with the same force and effect, as if the forbearance had not been granted. Borrower will not assert and hereby forever waives any right to assert that Lender is obligated in any way to continue beyond the Forbearance Period to forbear from enforcing its rights or remedies or that Lender is not entitled to act on the Defaults after the occurrence of a Forbearance Termination as if such default had just occurred and the Forbearance Period had never existed.
No Waiver and Reservation of Rights. Nothing in this Agreement is intended or shall be deemed or construed to in any way waive, alter or impair the obligations or any of the rights or remedies of the Agent or the Lenders under the Loan Documents or applicable law. Without limiting the generality of the foregoing, nothing in this Agreement extends the maturity of or otherwise affects the enforceability of any obligation under the Credit Agreement. All terms and provisions of the Loan Documents remain in full force and effect, except to the extent expressly modified by this Agreement. The Company acknowledges that the Lenders have made no representations as to what actions, if any, the Lenders will take after the Forbearance Period, and the Lenders and the Agent must and do hereby specifically reserve any and all rights, remedies, and claims they have (after giving effect hereto) with respect to the Events of Default and each other Default that may occur. Section 11. Release. FOR VALUE RECEIVED, INCLUDING WITHOUT LIMITATION, THE AGREEMENTS OF THE LENDERS IN THIS AGREEMENT, THE COMPANY HEREBY RELEASES THE AGENT AND EACH LENDER, ITS CURRENT AND FORMER SHAREHOLDERS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, ATTORNEYS, CONSULTANTS, AND PROFESSIONAL ADVISORS (COLLECTIVELY, THE “RELEASED PARTIES”) OF AND FROM ANY AND ALL DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, CONTROVERSIES, ACTS AND OMISSIONS, LIABILITIES, AND OTHER CLAIMS OF EVERY KIND OR NATURE WHATSOEVER, BOTH IN LAW AND IN EQUITY, KNOWN OR UNKNOWN, WHICH THE COMPANY HAS OR EVER HAD AGAINST ANY OF THE RELEASED PARTIES PRIOR TO, THROUGH, AND INCLUDING THIS DATE, ARISING FROM OR RELATING TO THE EXISTING CREDIT AGREEMENT BETWEEN THE COMPANY AND THE LENDERS, EXCEPT TO THE EXTENT THAT ANY SUCH DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, CONTROVERSIES, ACTS AND OMISSIONS, LIABILITIES, AND OTHER CLAIMS ARE FOUND IN A FINAL, NON-APPEALABLE JUDGMENT BY A COURT OF COMPETENT JURISDICTION TO HAVE RESULTED FROM THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES.
No Waiver and Reservation of Rights. Neither party waives its right to enforce any and all provisions of the Agreement at any time during the term of this Agreement. Each party specifically reserves any and all rights, remedies, and claims they have hereunder. Either party’s failure to enforce any provision shall not prejudice such party from later enforcing or exercising the same or any other provision of the Agreement.
