Common use of No Waiver by Lender Clause in Contracts

No Waiver by Lender. Borrower agrees that Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and a Guarantor, shall constitute a waiver of any of Lender’s rights or of any of Borrower’s or a Guarantor’s obligations as to any future transactions. No partial exercise by Lender of any right or remedy hereunder shall preclude any other or further exercise of any such right or the exercise of any other remedy. The acceptance by Lender of any payment after the due date of such payment, or in an amount which is less than the required payment, shall not be a waiver of Lender’s right to require prompt payment when due of all other payments or to exercise any right or remedy with respect to any failure to make prompt payment. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Enforcement by Lender (or Agent on its behalf) of any security for Borrower’s obligations under this Agreement shall not constitute an election by Lender of remedies so as to preclude the exercise of any other right or remedy available to Lender.

No Waiver by Lender. Borrower agrees that Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between or conduct by or among Lender and BorrowerBorrower shall be effective to amend, modify or change any provisions of this Mortgage or the other Junior Loan Documents. No failure or delay by Lender to insist upon the strict performance of any term, covenant or agreement of this Mortgage or of any of the other Junior Loan Documents, or between Lender and to exercise any right, power or remedy consequent upon a Guarantorbreach thereof, shall constitute a waiver of any of Lender’s rights such term, covenant or agreement or of any of Borrower’s such breach, or a Guarantor’s obligations as to preclude Lender from exercising any future transactions. No partial exercise by Lender of any right such right, power or remedy hereunder shall preclude at any other later time or further exercise of any such right or the exercise of any other remedytimes. The acceptance by Lender of any By accepting payment after the due date of such paymentany of the Obligations, or in an amount which is less than the required payment, Lender shall not be a waiver of Lender’s deemed to waive the right either to require prompt payment when due of all other payments Obligations, or to exercise any right or remedy with respect to any declare an Event of Default for failure to make prompt paymentpayment of any such other Obligations. Whenever Neither Borrower nor any other Person now or hereafter obligated for the payment of the whole or any part of the Obligations shall be relieved of such liability by reason of (a) the failure of Lender to comply with any request of Borrower or of any other Person to take action to foreclose this Mortgage or otherwise enforce any of the provisions of this Mortgage, or (b) any agreement or stipulation between any subsequent owner or owners of the Property and Lender, or (c) Lender’s extending the time of payment or modifying the terms of this Mortgage or any of the other Junior Loan Documents without first having obtained the consent of Lender is required under this AgreementBorrower or such other Person. Regardless of consideration, and without the granting of such necessity for any notice to or consent by the holder of any subordinate lien on the Property, Lender may release any Person at any time liable for any of the Obligations or any part of the security for the Obligations and may extend the time of payment or otherwise modify the terms of this Mortgage or any of the other Junior Loan Documents without in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted way impairing or withheld in affecting the sole discretion lien of Lenderthis Mortgage or the priority of this Mortgage over any subordinate lien. Enforcement by Lender (or Agent on its behalf) The holder of any subordinate lien shall have no right to terminate any Lease regardless of whether or not such Lease is subordinate to this Mortgage. Lender may resort to the security for Borrower’s obligations under or collateral described in this Agreement shall not constitute an election by Mortgage or any of the other Junior Loan Documents in such order and manner as Lender of remedies so as to preclude the exercise of any other right or remedy available to Lendermay elect in its sole discretion.

No Waiver by Lender. Borrower agrees that Lender shall not be deemed to have waived any rights under this Agreement unless such No waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and a Guarantor, shall constitute a waiver of any of Lender’s rights or of any of Borrower’s or a Guarantor’s obligations as to any future transactions. No partial exercise by Lender of any right or remedy hereunder provided by the Loan Documents or Governmental Requirements shall preclude any other or further exercise be effective unless such waiver is in writing and signed by authorized officer(s) of Lender. Waiver by Lender of any such right or remedy granted to Lender under the Loan Documents or Governmental Requirements as to any transaction or occurrence shall not be deemed a waiver of any future transaction or occurrence. The acceptance of payment of any sum secured by the Collateral after its due date, or the payment by Lender of any Indebtedness or the performance by Lender of any Secured Obligations of a Loan Party, on a Loan Party’s failure to do so, or the addition of any payment so made by Lender to the Secured Obligations, or the exercise of any other remedy. The acceptance Lender’s right to enter the Real Property Collateral and receive and collect the rents from it, or the assertion by Lender of any payment after other right or remedy under the due date of such payment, or in an amount which is less than the required paymentLoan Documents, shall not be constitute a waiver of Lender’s right to require prompt payment when due performance of all other payments Secured Obligations of the Loan Parties under the Loan Documents and payment of the Liabilities, or to exercise any right or remedy with respect to any failure to make prompt payment. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Enforcement by Lender (or Agent on its behalf) of any security for Borrower’s obligations under this Agreement shall not constitute an election by Lender of remedies so as to preclude the exercise of any other right or remedy available under the Loan Documents for any failure by a Loan Party to timely and fully pay the Labilities and perform its Secured Obligations under the Loan Documents. Lender may waive any right or remedy under the Loan Documents or Governmental Requirements without notice to or consent from any Loan Party or any holder or claimant of a lien or other interest in the Collateral that is junior to the lien of Lender, and without incurring liability to any Loan Party or any other Person by so doing.

No Waiver by Lender. Borrower agrees that Lender shall not be deemed The failure to have waived any rights under exercise the option to accelerate the maturity of this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right Note or any other right. A waiver by Lender , remedy, or recourse available to the holder hereof upon the occurrence of a provision an Event of this Agreement Default hereunder shall not prejudice or constitute a waiver of Lender’s the right otherwise of the holder of this Note to demand strict compliance exercise the same at that time or at any subsequent time with that provision respect to such Event of Default or any other provision Event of Default while such Event of Default is outstanding. The rights, remedies, and recourses of the holder hereof, as provided in this Agreement. No prior waiver by LenderNote and in any other Loan Documents, nor any course of dealing between Lender shall be cumulative and Borrowerconcurrent and may be pursued separately, successively, or between Lender and a Guarantortogether as often as occasion therefor shall arise, shall constitute a waiver at the sole discretion of any of Lender’s rights or of any of Borrower’s or a Guarantor’s obligations as to any future transactions. No partial exercise by Lender of any right or remedy hereunder shall preclude any other or further exercise of any such right or the exercise of any other remedyholder hereof. The acceptance by Lender the holder hereof of any payment after the due date of such payment, or in an amount under this Note which is less than the required payment, payment in full of all amounts due and payable at the time of such payment shall not be (1) constitute a waiver of Lender’s right to require prompt payment when due or impair, reduce, release, or extinguish any right, remedy, or recourse of the holder hereof, or nullify any prior exercise of any such right, remedy, or recourse, or (ii) impair, reduce, release, or extinguish the obligations of any party liable under any of the Loan Documents as originally provided herein or therein. Usury Savings Clause. This Note and all other payments Loan Documents are intended to be performed in accordance with, and only to the extent permitted by, all applicable usury laws. If any provision hereof or of any other Loan Documents or the application thereof to exercise any right person or remedy circumstance shall, for any reason and to any extent, be invalid or unenforceable, neither the application of such provision to any other person or circumstance nor the remainder of the instrument in which such provision is contained shall be affected thereby, and all provisions shall be enforced to the greatest extent permitted by law. It is expressly stipulated and agreed to be the intent of the holder hereof to at all times comply with the usury and other applicable laws now or hereafter governing the interest payable on the indebtedness evidenced by this Note. If the applicable law is ever revised, repealed, or judicially interpreted so as to render usurious any amount called for under this Note or under any other Loan Documents, or contracted for, charged, taken, reserved, or received with respect to the indebtedness evidenced by this Note, or if Lender's exercise of the option to accelerate the maturity of this Note or if any failure to make prompt payment. Whenever prepayment by Borrower results in Borrower having paid any interest in excess of that permitted by law, then it is the consent express intent of Borrower and Lender is required under this Agreement, the granting of such consent that all excess amounts theretofore collected by Lender be credited on the principal balance of this Note (or, if this Note and all other indebtedness arising under or pursuant to the other Loan Documents have been paid in any instance shall not constitute continuing consent full, refunded to subsequent instances where such consent is required Borrower), and in all cases such consent may the provisions of this Note and the other Loan Documents immediately be granted or withheld in deemed reformed and the sole discretion amounts thereafter collectable hereunder and thereunder reduced, without the necessity of Lender. Enforcement by Lender (or Agent on its behalf) the execution of any security for Borrower’s obligations under this Agreement shall not constitute an election by Lender of remedies new document, so as to preclude comply with the exercise then-applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder or thereunder. All sums paid, or agreed to be paid, by Borrower for the use, forbearance, detention, taking, charging, receiving, or reserving of the indebtedness of Borrower to Lender under this Note or arising under or pursuant to the other Loan Documents shall, to the maximum extent permitted by applicable law, be amortized, prorated, allocated, and spread throughout the full term of such indebtedness until payment in full so that the rate or amount of interest on account of such indebtedness does not exceed the usury ceiling from time to time in effect and applicable to such indebtedness for so long as such indebtedness is outstanding. To the extent federal law permits Lender to contract for, charge, or receive a greater amount of interest, Lender will rely on federal law instead of Texas Finance Code, for the purpose of determining the Maximum Rate. Additionally, to the maximum extent permitted by applicable law now or hereafter in effect, Lender may, at its option and from time to time, implement any other method of computing the Maximum Rate under the Texas Finance Code, or under other applicable law by giving notice, if required, to Borrower as provided by applicable law now or hereafter in effect. Notwithstanding anything to the contrary contained herein or in any other Loan Documents, it is not the intention of Lender to accelerate the maturity of any interest that has not accrued at the time of such acceleration or to collect unearned interest at the time of such acceleration. Applicability of Laws. In no event shall Chapter 346 of the Texas Finance Code (which regulates certain revolving loan accounts and revolving tri-party accounts) apply to this Note. To the extent that Chapter 303 of the Texas Finance Code is applicable to this Note, the "weekly ceiling" specified in Chapter 303 is the applicable ceiling; provided that, if any applicable law permits greater interest, the law permitting the greatest interest shall apply. Attorneys Fees. If this Note is placed in the hands of an attorney for collection, or is collected in whole or in part by suit or through bankruptcy, or other right legal proceedings of any kind, Borrower agrees to pay, in addition to all other sums payable hereunder, all costs and expenses of collection, including but not limited to reasonable attorneys fees. Borrower's Waiver. Except as expressly provided herein, Borrower and any and all endorsers and guarantors of this Note severally waive presentment for payment, notice of nonpayment, protest, demand, notice of protest, notice of intent to accelerate, notice of acceleration and dishonor, diligence in enforcement and indulgences of every kind and without further notice hereby agree to renewals, extensions, exchanges or remedy available to Lenderreleases of collateral, taking of additional collateral, indulgences, or partial payments, either before or after maturity.

No Waiver by Lender. Borrower agrees that Lender shall not be deemed to have waived any rights under this Agreement unless such No waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and a Guarantor, shall constitute a waiver of any of Lender’s rights or of any of Borrower’s or a Guarantor’s obligations as to any future transactions. No partial exercise by Lender of any right or remedy hereunder provided by the Loan Documents or Governmental Requirements shall preclude any other or further exercise be effective unless such waiver is in writing and signed by authorized officer(s) of Lender. Waiver by Lender of any such right or remedy granted to Lender under the Loan Documents or Governmental Requirements as to any transaction or occurrence shall not be deemed a waiver of any future transaction or occurrence. The acceptance of payment of any sum secured by the Collateral after its due date, or the payment by Lender of any Indebtedness or the performance by Lender of any Secured Obligations of Borrower under the Loan Documents, on Borrower’s failure to do so, or the addition of any payment so made by Lender to the Indebtedness secured by the Collateral, or the exercise of any other remedy. The acceptance Lender’s right to enter the Real Property Collateral and receive and collect the Rents from it, or the assertion by Lender of any payment after other right or remedy under the due date of such payment, or in an amount which is less than the required paymentLoan Documents, shall not be constitute a waiver of Lender’s right to require prompt payment when due performance of all other payments Secured Obligations of Borrower under the Loan Documents and payment of the Indebtedness, or to exercise any right or remedy with respect to any failure to make prompt payment. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Enforcement by Lender (or Agent on its behalf) of any security for Borrower’s obligations under this Agreement shall not constitute an election by Lender of remedies so as to preclude the exercise of any other right or remedy available under the Loan Documents for any failure by Borrower to timely and fully pay the Indebtedness and perform its Secured Obligations under the Loan Documents. Lender may waive any right or remedy under the Loan Documents or Governmental Requirements without notice to or consent from Borrower, any Guarantor of the Indebtedness and of the Secured Obligations under the Loan Documents, or any holder or claimant of a lien or other interest in the Collateral that is junior to the lien of Lender, and without incurring liability to Borrower or any other Person by so doing.

No Waiver by Lender. Borrower agrees that Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s 's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and a GuarantorGrantor, shall constitute a waiver of any of Lender’s 's rights or of any of Borrower’s or a Guarantor’s Grantor's obligations as to any future transactions. No partial exercise by Lender of any right or remedy hereunder shall preclude any other or further exercise of any such right or the exercise of any other remedy. The acceptance by Lender of any payment after the due date of such payment, or in an amount which is less than the required payment, shall not be a waiver of Lender’s right to require prompt payment when due of all other payments or to exercise any right or remedy with respect to any failure to make prompt payment. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Enforcement by Lender (or Agent on its behalf) of any security for Borrower’s obligations Notices. Any notice required to be given under this Agreement shall not constitute an election be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement. Any party may change its address for notices Lender this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender of remedies so as to preclude the exercise of any other right or remedy available Grantor is deemed to Lenderbe notice given to all Grantors.

No Waiver by Lender. Borrower agrees that Lender shall not be deemed to have waived any rights under this Agreement Assignment unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement Assignment shall not prejudice or constitute a waiver of Lender’s 's right otherwise to demand strict compliance with that provision or any other provision of this AgreementAssignment. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and a GuarantorGrantor, shall constitute a waiver of any of Lender’s 's rights or of any of Borrower’s or a Guarantor’s Grantors obligations as to any future transactions. No partial exercise by Lender of any right or remedy hereunder shall preclude any other or further exercise of any such right or the exercise of any other remedy. The acceptance by Lender of any payment after the due date of such payment, or in an amount which is less than the required payment, shall not be a waiver of Lender’s right to require prompt payment when due of all other payments or to exercise any right or remedy with respect to any failure to make prompt payment. Whenever the consent of Lender is required under this AgreementAssignment, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Enforcement Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment. Any party may change its address for notices under this Assignment by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantors current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender (or Agent on its behalf) of to any security for Borrower’s obligations under this Agreement shall not constitute an election by Lender of remedies so as Grantor is deemed to preclude the exercise of any other right or remedy available be notice given to Lenderall Grantors.

No Waiver by Lender. Borrower agrees that Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. , No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and a Guarantorany Grantor, shall constitute a waiver of any of Lender’s rights or of any of Borrower’s or a Guarantorany Grantor’s obligations as to any future transactions. No partial exercise by Lender of any right or remedy hereunder shall preclude any other or further exercise of any such right or the exercise of any other remedy. The acceptance by Lender of any payment after the due date of such payment, or in an amount which is less than the required payment, shall not be a waiver of Lender’s right to require prompt payment when due of all other payments or to exercise any right or remedy with respect to any failure to make prompt payment. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Enforcement by Lender (or Agent on its behalf) of any security for Borrower’s obligations Notices. Any notice required to be given under this Agreement shall not constitute an election be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement. Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party’s address. For notice purposes, Borrower agrees to keep Lender informed at all times of Borrower’s current address. Unless otherwise provided or required by law, if there is more than one Borrower, any notice given by Lender of remedies so as to preclude the exercise of any other right or remedy available Borrower is deemed to Lenderbe notice given to all Borrowers.

No Waiver by Lender. Borrower agrees that Lender shall not be deemed to have waived any rights under this Agreement Agreement, the Note, or any other Related Document unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement Agreement, the Note, or any other Related Document shall not prejudice or constitute a waiver of Lender’s 's right otherwise to demand strict compliance with that provision or any other provision of this Agreementhereof or thereof. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and a Guarantorany Grantor, shall constitute a waiver of any of Lender’s 's rights or of any of Borrower’s 's or a Guarantor’s any Grantor's obligations as to any future transactions. No partial exercise by Lender of any right or remedy hereunder shall preclude any other or further exercise of any such right or the exercise of any other remedy. The acceptance by Lender of any payment after the due date of such payment, or in an amount which is less than the required payment, shall not be a waiver of Lender’s right to require prompt payment when due of all other payments or to exercise any right or remedy with respect to any failure to make prompt payment. Whenever the consent of Lender is required under this Agreement, the Note, or any other Related Document, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is Is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Enforcement Notices, Any notice required to be given under this Agreement, the Note, or any other Related Document shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement. Any party may change Its address for notices under this Agreement, the Note, and any other Related Document by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Borrower agrees to keep Lender informed at all times of Borrower's current address. Unless otherwise provided or required by law, if there is more than one Borrower, any notice given by Lender (or Agent on its behalf) of to any security for Borrower’s obligations under this Agreement shall not constitute an election by Lender of remedies so as Borrower is deemed to preclude the exercise of any other right or remedy available be notice given to Lenderall Borrowers.

No Waiver by Lender. Borrower agrees that Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s 's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and a GuarantorGrantor, shall constitute a waiver of any of Lender’s 's rights or of any of Borrower’s or a Guarantor’s Grantor's obligations as to any future transactions. No partial exercise by Lender of any right or remedy hereunder shall preclude any other or further exercise of any such right or the exercise of any other remedy. The acceptance by Lender of any payment after the due date of such payment, or in an amount which is less than the required payment, shall not be a waiver of Lender’s right to require prompt payment when due of all other payments or to exercise any right or remedy with respect to any failure to make prompt payment. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Enforcement COMMERCIAL SECURITY AGREEMENT (CONTINUED) PAGE 4 =========================================================================== NOTICES. Subject to applicable law, and except for notice required or allowed by Lender (or Agent on its behalf) of law to be given in another manner, any security for Borrower’s obligations notice required to be given under this Agreement shall not constitute an election be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement. Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Subject to applicable law, and except for notice required or allowed by law to be given in another manner, if there is more than one Grantor, any notice given by Lender of remedies so as to preclude the exercise of any other right or remedy available Grantor is deemed to Lenderbe notice given to all Grantors.

No Waiver by Lender. Borrower agrees that Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and a GuarantorGrantor, shall constitute a waiver of any of Lender’s rights or of any of Borrower’s or a GuarantorGrantor’s obligations as to any future transactions. No partial exercise by Lender of any right or remedy hereunder shall preclude any other or further exercise of any such right or the exercise of any other remedy. The acceptance by Lender of any payment after the due date of such payment, or in an amount which is less than the required payment, shall not be a waiver of Lender’s right to require prompt payment when due of all other payments or to exercise any right or remedy with respect to any failure to make prompt payment. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Enforcement by Lender (or Agent on its behalf) of any security for Borrower’s obligations Notices. Any notice required to be given under this Agreement shall not constitute an election be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Agreement. Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party’s address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor’s current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender of remedies so as to preclude the exercise of any other right or remedy available Grantor is deemed to Lenderbe notice given to all Grantors.

No Waiver by Lender. Borrower agrees that Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s 's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and a GuarantorCreditor, shall constitute a waiver of any of Lender’s 's rights or of any of Borrower’s or a Guarantor’s Creditor's obligations as to any future transactions. No partial exercise by Lender of any right or remedy hereunder shall preclude any other or further exercise of any such right or the exercise of any other remedy. The acceptance by Lender of any payment after the due date of such payment, or in an amount which is less than the required payment, shall not be a waiver of Lender’s right to require prompt payment when due of all other payments or to exercise any right or remedy with respect to any failure to make prompt payment. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Enforcement by Lender WAIVE JURY. ALL PARTIES TO THIS AGREEMENT HEREBY WAIVE THE RIGHT TO ANY JURY TRIAL IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY. SUBORDINATION AGREEMENT LOAN NO: 932900001-1 (or Agent on its behalfCONTINUED) of any security for Borrower’s obligations under this Agreement shall not constitute an election by Lender of remedies so as to preclude the exercise of any other right or remedy available to Lender.PAGE 3 ==============================================================================

No Waiver by Lender. Borrower agrees that (a) Lender shall not be deemed to have waived any of its rights or remedies under this Agreement Note unless such waiver is given expressed in writing and signed by Lender. No , and no delay or omission on the part of by Lender in exercising exercising, or failure by Lender on any right one or more occasions to exercise, any of Lender's rights hereunder or under the Loan Documents, or at law or in equity, including, without limitation, Lender's right, after the occurrence of any Event of Default by Borrower, to declare the entire indebtedness evidenced hereby immediately due and payable, shall be construed as a novation of this Note or shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and a Guarantor, shall constitute a waiver prevent the subsequent exercise of any of Lender’s rights or of any of Borrower’s or a Guarantor’s obligations as to any future transactions. No partial exercise all such rights. (b) Acceptance by Lender of any right portion or remedy hereunder shall preclude any other or further exercise all of any such right sum payable hereunder, whether before, on or the exercise of any other remedy. The acceptance by Lender of any payment after the due date of such payment, or in an amount which is less than the required payment, payment shall not be a waiver of Lender’s 's right either to require prompt payment when due of all other payments sums payable hereunder or to exercise any of Lender's rights, powers and remedies hereunder or under the Loan Documents. A waiver of any right or remedy in writing on one occasion shall not be construed as a waiver of Lender's rights to insist thereafter upon strict compliance with respect to any failure to make prompt payment. Whenever the consent of Lender is required under this Agreement, the granting terms hereof without previous notice of such consent intention being given to Borrower, and no exercise of any right by Lender in any instance shall not constitute continuing consent or be deemed to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Enforcement by Lender (or Agent on its behalf) of any security for Borrower’s obligations under this Agreement shall not constitute an election of remedies by Lender precluding the subsequent exercise by Lender of any or all of the rights, powers and remedies so as available to preclude it hereunder or under the exercise Loan Documents, or at law or in equity. Borrower expressly waives the benefit of any other right statute or remedy available to Lenderrule of law or of equity now provided, or which may hereafter be provided, which would produce a result contrary to, or in conflict with, the foregoing.