Common use of No Waiver and Reservation of Rights Clause in Contracts

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 Loan Parties acknowledge that the Lenders are not waiving the Existing Defaults butPayment Defaults, but are simply agreeing to forbear from exercising their rights with respect to the Existing Payment 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 Payment 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 Payment 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 Lenders and the Lenders Agent must and do hereby specifically reserve any and all rights, remedies, rights and claims remedies they have (after giving effect hereto) with respect to the Existing Payment Defaults and each other Default or Event of Default that may occur.

No Waiver and Reservation of Rights. The Loan Parties acknowledge Borrower acknowledges that the Lenders are not waiving the Existing Defaults butDefaults, 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 Borrower acknowledges and agree agrees that immediately upon expiration of the Standstill Period, the Administrative 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 Borrower will not assert and hereby forever waive waives any right to assert that the Administrative 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 Administrative 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 Borrower acknowledges 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 Lenders and the Lenders Administrative Agent 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 Loan Parties Holdings and the Borrower acknowledge that the Lenders are not waiving the Existing Defaults butDefaults, 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, Holdings and the Loan Parties Borrower acknowledge and agree that that, immediately upon expiration of the Standstill Period, the Administrative 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 Holdings and the Borrower will not assert and hereby forever waive any right to assert that the Administrative 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 Administrative 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 Holdings and the Borrower 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 Lenders and the Lenders Administrative Agent 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 Loan Parties acknowledge Each of Holdings and the Borrower acknowledges and agrees, on behalf of itself and on behalf of its respective Subsidiaries, that the Lenders are not waiving the Existing Defaults butSpecified Event of Default (or any other Default or Event of Default), but are simply agreeing to forbear from exercising their rights with respect to the Existing Defaults Specified Event of Default or the delivery of the Indenture Default Notice to the extent expressly set forth in this Second Forbearance Agreement. Without limiting the generality of the foregoing, each of Holdings and the Loan Parties acknowledge Borrower acknowledges and agree agrees that immediately upon expiration of the Standstill Period, the Administrative Agent and the Lenders have all of their rights and remedies with respect to the Existing Defaults Specified Event of Default or the delivery of the Indenture Default Notice to the same extent, and with the same force and effect, as if the forbearance provided for herein had not occurredbeen granted. The Loan Parties will Each of Holdings and the Borrower agrees not to assert and hereby forever waive waives, on behalf of itself and on behalf of its respective Subsidiaries, any right to assert that the Administrative 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 Administrative Agent and the Lenders are not entitled to act on the Existing Defaults Specified Event of Default or the delivery of the Indenture Default Notice on and after the occurrence of a the Standstill Termination Date as if such default Event of Default had just occurred and the Standstill Period had never existed. The Loan Parties acknowledge Each of Holdings and the Borrower acknowledges and agrees, on behalf of itself and on behalf of its respective Subsidiaries, 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 or after the occurrence of any the Standstill Termination, a Default or Event of DefaultTermination Date, and the Agent Lenders and the Lenders must and Administrative Agent do hereby specifically reserve any and all rights, remedies, and claims they have (after giving effect hereto) with respect to the Existing Defaults Specified Event of Default or the delivery of the Indenture Default Notice and each other Default or Event of Default that may occur.

No Waiver and Reservation of Rights. The Loan Parties acknowledge Each of Holdings and the Borrower acknowledges and agrees, on behalf of itself and on behalf of its respective Subsidiaries, that the Lenders are not waiving the Existing Defaults butSpecified Event of Default (or any other Default or Event of Default), but are simply agreeing to forbear from exercising their rights with respect to the Existing Defaults Specified Event of Default or the delivery of the Indenture Default Notice to the extent expressly set forth in this Forbearance Agreement. Without limiting the generality of the foregoing, each of Holdings and the Loan Parties acknowledge Borrower acknowledges and agree agrees that immediately upon expiration of the Standstill Period, the Administrative Agent and the Lenders have all of their rights and remedies with respect to the Existing Defaults Specified Event of Default or the delivery of the Indenture Default Notice to the same extent, and with the same force and effect, as if the forbearance provided for herein had not occurredbeen granted. The Loan Parties will Each of Holdings and the Borrower agrees not to assert and hereby forever waive waives, on behalf of itself and on behalf of its respective Subsidiaries, any right to assert that the Administrative 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 Administrative Agent and the Lenders are not entitled to act on the Existing Defaults Specified Event of Default or the delivery of the Indenture Default Notice on and after the occurrence of a the Standstill Termination Date as if such default Event of Default had just occurred and the Standstill Period had never existed. The Loan Parties acknowledge Each of Holdings and the Borrower acknowledges and agrees, on behalf of itself and on behalf of its respective Subsidiaries, 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 or after the occurrence of any the Standstill Termination, a Default or Event of DefaultTermination Date, and the Agent Lenders and the Lenders must and Administrative Agent do hereby specifically reserve any and all rights, remedies, and claims they have (after giving effect hereto) with respect to the Existing Defaults Specified Event of Default or the delivery of the Indenture Default Notice and each other Default or Event of Default that may occur.

No Waiver and Reservation of Rights. The Loan Parties acknowledge Each of Holdings and the Borrower acknowledges and agrees, on behalf of itself and on behalf of its respective Subsidiaries, that the Lenders are not waiving the Existing Defaults butSpecified Events of Default (or any other Default or Event of Default), but are simply agreeing to forbear from exercising their rights with respect to the Existing Defaults Specified Events of Default or the delivery of the Indenture Default Notice to the extent expressly set forth in this Third Forbearance Agreement. Without limiting the generality of the foregoing, each of Holdings and the Loan Parties acknowledge Borrower acknowledges and agree agrees that immediately upon expiration of the Standstill Period, the Administrative Agent and the Lenders have all of their rights and remedies with respect to the Existing Defaults Specified Events of Default or the delivery of the Indenture Default Notice to the same extent, and with the same force and effect, as if the forbearance provided for herein had not occurredbeen granted. The Loan Parties will Each of Holdings and the Borrower agrees not to assert and hereby forever waive waives, on behalf of itself and on behalf of its respective Subsidiaries, any right to assert that the Administrative 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 Administrative Agent and the Lenders are not entitled to act on the Existing Defaults Specified Events of Default or the delivery of the Indenture Default Notice on and after the occurrence of a the Standstill Termination Date as if such default Event of Default had just occurred and the Standstill Period had never existed. The Loan Parties acknowledge Each of Holdings and the Borrower acknowledges and agrees, on behalf of itself and on behalf of its respective Subsidiaries, 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 or after the occurrence of any the Standstill Termination, a Default or Event of DefaultTermination Date, and the Agent Lenders and the Lenders must and Administrative Agent do hereby specifically reserve any and all rights, remedies, and claims they have (after giving effect hereto) with respect to the Existing Defaults Specified Events of Default or the delivery of the Indenture Default Notice and each other Default or Event of Default that may occur.

No Waiver and Reservation of Rights. The Loan Parties acknowledge Borrower acknowledges that the Lenders are not waiving the Existing Defaults but, Default or any other Default or Event of Default that may occur during the Forbearance Period (other than as set forth in Section 5) but are simply agreeing to forbear from exercising their rights solely with respect to the Existing Defaults Default to the extent expressly set forth in this Agreement. Without limiting the generality of the foregoing, the Loan Parties acknowledge and agree Borrower acknowledges that immediately upon expiration of the Standstill Forbearance Period, the Administrative Agent and the Lenders have all of their rights and remedies with respect to the Existing Defaults Default or any other Default or Event of Default that may occur during the Forbearance Period (other than as set forth in paragraph 5 hereof) to the same extent, and with the same force and effect, as if the forbearance had not occurred. The Loan Parties will Borrower shall not assert and hereby forever waive waives any right to assert that the Administrative Agent or the Lenders are obligated in any way to continue beyond the Standstill Forbearance Period to forbear from enforcing their rights or remedies or that the Administrative Agent and the Lenders are not entitled to act on the Existing Defaults Default or any other Default or Event of Default that may occur during the Forbearance Period (other than as set forth in Section 5) after the occurrence of a Standstill Forbearance Termination as if such default had just occurred and the Standstill Forbearance Period had never existed. The Loan Parties acknowledge Borrower acknowledges 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 Forbearance Period or upon the occurrence of any Standstill Forbearance Termination, a Default or Event of Default, and the Agent Lenders and the Lenders Administrative Agent 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 Default and each other Default or Event of Default that may occur.

No Waiver and Reservation of Rights. The Loan Parties acknowledge Borrower acknowledges that the Lenders Administrative Agent and Lender are not waiving the Existing Defaults butDefault, are but is simply agreeing to forbear from exercising their rights and remedies solely with respect to the Existing Defaults Default to the extent expressly set forth in this Agreement. Without limiting the generality of the foregoing, the Loan Parties acknowledge Borrower acknowledges and agree agrees that immediately upon expiration of the Standstill Period, the Administrative Agent and the Lenders Lender have all of their rights and remedies with respect to the Existing Defaults Default to the same extent, and with the same force and effect, as if the forbearance had not occurred. The Loan Parties Borrower will not assert and hereby forever waive waives any right to assert that the Administrative Agent or the Lenders Lender are obligated in any way to continue beyond the Standstill Period to forbear from enforcing their rights or remedies or that the Administrative Agent and the Lenders Lender are not entitled to act on the Existing Defaults Default 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 Borrower acknowledges that the Administrative Agent and the Lenders Lender have made no representations as to what actions, if any, the Agent or the Lenders either of them will take after the Standstill Period or upon the occurrence of any Standstill Termination, a Default or Event of Default, and the Lender and Administrative Agent and the Lenders must and do hereby specifically reserve any and all rights, remedies, rights and claims remedies they have (after giving effect hereto) with respect to the Existing Defaults Default and each other Default or Event of Default that may occur.