Common use of No Waiver; Modification to Senior Debt Clause in Contracts

No Waiver; Modification to Senior Debt. No failure on the part of the Secured Parties, and no delay in exercising any right, remedy or power under this Obligor Subordination Agreement shall operate as a waiver thereof by the Secured Parties, nor shall any single or partial exercise of any right, remedy or power under this Obligor Subordination Agreement preclude any other or future exercise by the Secured Parties of any other right, remedy or power. Each and every right, remedy and power granted to the Secured Parties, or allowed the Secured Parties by law or other agreement shall be cumulative and not exclusive, and may be exercised by the Secured Parties from time to time. Without in any way limiting the generality of the foregoing, at any time, without the consent of or notice to the Subordinated Creditor, without incurring responsibility or liability to the Subordinated Creditor and without impairing or releasing the subordination provided by, or the obligations of the Subordinated Creditor under, this Obligor Subordination Agreement, the Senior Creditor may do any one or more of the following: (a) change the manner, place or terms of payment of, or extend the time of payment of, or renew or alter, Senior Debt Obligations or any collateral security or guaranty thereof, or otherwise amend or supplement in any manner Senior Debt Obligations or the Finance Documents; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt Obligations; (c) release any Person liable in any manner for the Senior Debt Obligations; and (d) exercise or refrain from exercising any rights against the Subordinated Debtor and any other Person. The Subordinated Creditor unconditionally waives notice of the incurring of Senior Debt Obligations or any part thereof.

No Waiver; Modification to Senior Debt. No failure on the part of the Secured Parties, and no delay in exercising any right, remedy or power under this Obligor Subordination Agreement shall operate as a waiver thereof by the Secured Parties, nor shall any single or partial exercise of any right, remedy or power under this Obligor Subordination Agreement preclude any other or future exercise by the Secured Parties of any other right, remedy or power. Each and every right, remedy and power granted to the Secured Parties, or allowed the Secured Parties by law or other agreement shall be cumulative and not exclusive, and may be exercised by the Secured Parties from time to time. Without in any way limiting the generality of the foregoing, at any time, without the consent of or notice to the Subordinated Creditor, without incurring responsibility or liability to the Subordinated Creditor and without impairing or releasing the subordination provided by, or the obligations of the Subordinated Creditor under, this Obligor Subordination Agreement, the Senior Creditor may do any one or more of the following: (a) change the manner, place or terms of payment of, or extend the time of payment of, or renew or alter, Senior Debt Obligations or any collateral security or guaranty thereof, or otherwise amend or supplement in any manner Senior Debt Obligations or the Finance Documents; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt Obligations; (c) release any Person liable in any manner for the Senior Debt Obligations; and (d) exercise or refrain from exercising any rights against the Subordinated Debtor and any other Person. The Subordinated Creditor unconditionally waives notice of the incurring of Senior Debt Obligations or any part thereof.

No Waiver; Modification to Senior Debt. No failure by any Senior Agent (on the part behalf of the Secured Partiesholders of Senior Debt) to exercise, and no delay by any Senior Agent (on behalf of the holders of Senior Debt) in exercising exercising, any right, remedy or power under this Obligor Subordination Agreement hereunder shall operate as a waiver thereof by any Senior Agent (on behalf of the Secured Partiesholders of Senior Debt), nor shall any single or partial exercise by any Senior Agent (on behalf of the holders of Senior Debt) of any right, remedy or power under this Obligor Subordination Agreement hereunder preclude any other or future exercise by the Secured Parties of any other right, remedy or power. Each and every right, remedy and power hereby granted to the Secured Parties, any Senior Agent or allowed the Secured Parties to any Senior Agent by law or other agreement shall be cumulative and not exclusiveexclusive the one of any other, and may be exercised by the Secured Parties any Senior Agent from time to time. Without in any way limiting the generality of the foregoingforegoing paragraph, any Senior Agent and the holders of Senior Debt may, at any time and from time to time, without the consent of or notice to the Subordinated CreditorHolders, without incurring responsibility or liability to the Subordinated Creditor Holders, and without impairing or releasing the subordination provided by, herein or the obligations hereunder of the Subordinated Creditor underHolders, this Obligor Subordination Agreement, the Senior Creditor may do any one or more of the following: (a) change the manner, place or terms of payment of, or extend the time of payment of, or renew or alter, Senior Debt Obligations owed to them or any collateral security or guaranty thereofguarantee therefor, or otherwise amend or supplement in any manner the Senior Debt Obligations owed to them or any instrument evidencing the Finance Documentssame or any agreement under which Senior Debt owed to them are outstanding; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt Obligationsowed to them; (c) release any Person liable in any manner for the Senior Debt Obligationsowed to them; and (d) exercise or refrain from exercising any rights against the Subordinated Debtor Borrower and any other Person. The Subordinated Creditor Each Holder unconditionally waives notice of the incurring of Senior Debt Obligations or any part thereof.

No Waiver; Modification to Senior Debt. No failure on the part of the Secured Parties, Lender (or applicable agent on behalf of the Lender) and no delay in exercising exercising, any right, remedy or power under this Obligor Subordination Agreement hereunder shall operate as a waiver thereof by the Secured PartiesLender, nor shall any single or partial exercise of any right, remedy or power under this Obligor Subordination Agreement hereunder preclude any other or future exercise by the Secured Parties Lender (or applicable agent on behalf of the Lender) of any other right, remedy or power. Each and every right, remedy and power granted to the Secured Partiesgranted, or allowed the Secured Parties by law or other agreement agreement, or allowed to the Lender shall be cumulative and not exclusive, and may be exercised by the Secured Parties Lender (or applicable agent on behalf of the Lender) from time to time. Without in any way limiting the generality of the foregoing, at At any time, without the consent of or notice to the Subordinated CreditorLenders, without incurring responsibility or liability to the Subordinated Creditor Lenders and without impairing or releasing the subordination provided by, herein or the obligations hereunder of the Subordinated Creditor under, this Obligor Subordination AgreementLenders, the Senior Creditor Lender may do any one anyone or more of the following: (a) change the manner, place or terms of payment of, of or extend the time of payment of, or renew or alter, Senior Debt the Guaranteed Obligations or any collateral security or guaranty thereoftherefor, or otherwise amend or supplement in any manner Senior Debt the Guaranteed Obligations or any instruments evidencing the Finance Documentssame or any agreement under which Guaranteed Obligations are outstanding or the Guaranty; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt the Guaranteed Obligations; (c) release any Person liable in any manner for the Senior Debt Guaranteed Obligations; and (d) exercise or refrain from exercising any rights against the Subordinated Debtor Guarantor and any other Person. The Each Subordinated Creditor Lender unconditionally waives notice of the incurring of Senior Debt Guaranteed Obligations or any part thereof.

No Waiver; Modification to Senior Debt. No Each Subordinated Lender shall agree that no failure on the part of the Secured PartiesPurchasers, acting through their representatives or the Administrative Agent, and no delay in exercising exercising, any right, remedy or power under this Obligor Subordination Agreement hereunder shall operate as a waiver thereof by the Secured Partiesthem, nor shall any single or partial exercise of any right, remedy or power under this Obligor Subordination Agreement hereunder preclude any other or future exercise by the Secured Parties Administrative Agent or the Purchasers or their representatives of any other right, remedy or power. Each and every right, remedy and power granted to the Secured PartiesPurchasers and their respective representatives, or allowed the Secured Parties them by applicable law or other agreement shall be cumulative and not exclusive, and may be exercised by the Secured Parties Administrative Agent or their respective representatives, from time to time. Without in any way limiting the generality of the foregoingEach Subordinated Lender shall agree that, at any time, without the consent of or notice to the such Subordinated CreditorLender, without incurring responsibility or liability to the such Subordinated Creditor Lender and without impairing or releasing the subordination provided by, herein or the obligations of the Subordinated Creditor under, this Obligor Subordination AgreementLenders hereunder, the Senior Creditor may Purchasers in accordance with the Financing Documents, may, to the extent otherwise provided by applicable law, do any one or more of the following: (a) change the manner, place or terms of payment of, of or extend the time of payment of, or renew or alter, Senior Debt Obligations or any collateral security or guaranty thereofGuaranty therefor, or otherwise amend or supplement in any manner the Senior Debt Obligations or any instruments evidencing the Finance Documentssame or any Financing Document; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing the Senior Debt Obligations; (c) release any Person liable in any manner for the Senior Debt Obligations; and (d) exercise or refrain from exercising any rights against the Subordinated Debtor and any other Person. The Subordinated Creditor unconditionally waives notice of ; and (e) assign and transfer the incurring of Senior Debt Obligations or any part thereofin accordance with the Financing Agreement.

No Waiver; Modification to Senior Debt. No failure on the part of the Secured Parties, Lender (or applicable agent on behalf of the Lender) and no delay in exercising exercising, any right, remedy or power under this Obligor Subordination Agreement hereunder shall operate as a waiver thereof by the Secured PartiesLender, nor shall any single or partial exercise of any right, remedy or power under this Obligor Subordination Agreement hereunder preclude any other or future exercise by the Secured Parties Lender (or applicable agent on behalf of the Lender) of any other right, remedy or power. Each and every right, remedy and power granted to the Secured Partiesgranted, or allowed the Secured Parties by law or other agreement agreement, or allowed to the Lender shall be cumulative and not exclusive, and may be exercised by the Secured Parties Lender (or applicable agent on behalf of the Lender) from time to time. Without in any way limiting the generality of the foregoing, at At any time, without the consent of or notice to the Subordinated Creditorletter of credit issuer, without incurring responsibility or liability to the Subordinated Creditor letter of credit issuer and without impairing or releasing the subordination provided by, herein or the obligations hereunder of the Subordinated Creditor under, this Obligor Subordination Agreementletter of credit issuer, the Senior Creditor Lender may do any one anyone or more of the following: (a) change the manner, place or terms of payment of, of or extend the time of payment of, or renew or alter, Senior Debt the Guaranteed Obligations or any collateral security or guaranty thereoftherefor, or otherwise amend or supplement in any manner Senior Debt the Guaranteed Obligations or any instruments evidencing the Finance Documentssame or any agreement under which Guaranteed Obligations are outstanding or the Guaranty; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing Senior Debt the Guaranteed Obligations; (c) release any Person liable in any manner for the Senior Debt Guaranteed Obligations; and (d) exercise or refrain from exercising any rights against the Subordinated Debtor Guarantor and any other Person. The Subordinated Creditor Each letter of credit issuer unconditionally waives notice of the incurring of Senior Debt Guaranteed Obligations or any part thereof.

No Waiver; Modification to Senior Debt. No Each Subordinated Lender shall agree that no failure on the part of the Secured Parties, acting through their representatives or the U.S. Collateral Agent, and no delay in exercising exercising, any right, remedy or power under this Obligor Subordination Agreement hereunder shall operate as a waiver thereof by the Secured Partiesthem, nor shall any single or partial exercise of any right, remedy or power under this Obligor Subordination Agreement hereunder preclude any other or future exercise by the U.S. Collateral Agent or the Secured Parties or their representatives of any other right, remedy or power. Each and every right, remedy and power granted to the Secured PartiesParties and their respective representatives, or allowed the Secured Parties them by applicable law or other agreement shall be cumulative and not exclusive, and may be exercised by the Secured Parties U.S. Collateral Agent or their respective representatives, from time to time. Without in any way limiting the generality of the foregoingEach Subordinated Lender shall agree that, at any time, without the consent of or notice to the such Subordinated CreditorLender, without incurring responsibility or liability to the such Subordinated Creditor Lender and without impairing or releasing the subordination provided by, herein or the obligations of the Subordinated Creditor under, this Obligor Subordination AgreementLenders hereunder, the Senior Creditor may Secured Parties in accordance with the Secured Financing Documents, may, to the extent otherwise provided by applicable law, do any one or more of the following: (a) change the manner, place or terms of payment of, of or extend the time of payment of, or renew or alter, Senior Debt Obligations or any collateral security or guaranty thereofGuaranty therefor, or otherwise amend or supplement in any manner the Senior Debt Obligations or any instruments evidencing the Finance Documentssame or any Secured Financing Document; (b) sell, exchange, release or otherwise deal with any property pledged, mortgaged or otherwise securing the Senior Debt Obligations; (c) release any Person liable in any manner for the Senior Debt Obligations; and (d) exercise or refrain from exercising any rights against the Subordinated Debtor and any other Person. The Subordinated Creditor unconditionally waives notice of ; and (e) assign and transfer the incurring of Senior Debt Obligations or any part thereofin accordance with the relevant Secured Financing Document.