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

No Waivers; Reservation of Rights. Investor has not waived, is not by this Amendment waiving, and has no intention of waiving, any defaults or Events of Default which be existing on date hereof or may occur after the date hereof. Investor has not agreed to forbear with respect to any of its rights or remedies concerning any defaults or Events of Default, which may be continuing as of the date hereof or which may occur after the date hereof. Investor reserves the right to exercise all of its rights and remedies, whether arising under the Investment Agreement, the other Transaction Documents or applicable law. Neither this Amendment nor any other agreement entered in connection herewith or pursuant to the terms hereof shall be deemed or construed to be a compromise, satisfaction, reinstatement, accord and satisfaction, novation or release of the Investment Agreement or any of the other Transaction Documents, or any rights or obligations thereunder, or a waiver by Investor of any of its rights thereunder or at law or in equity. This Amendment does not obligate Investor to agree to any other extension or modification of the Investment Agreement nor does it constitute a course of conduct or dealing on behalf of Investor or a waiver of any other rights or remedies of Investor. No omission or delay by Investor in exercising any right or power under the Investment Agreement, this Amendment, the other Transaction Documents or any related instruments, agreements or documents will impair such right or power or be construed to be a waiver of any default or Event of Default or an acquiescence therein, and any single or partial exercise of any such right or power will not preclude other or further exercise thereof or the exercise of any other right, and no waiver will be valid unless in writing and then only to the extent specified.

No Waivers; Reservation of Rights. Investor has not waived, is not by this Amendment waiving, and has no intention of waiving, any defaults or Events of Default which be existing on date hereof or may occur after the date hereof. Investor has not agreed to forbear with respect to any of its rights or remedies concerning any defaults or Events of Default, which may be continuing as of the date hereof or which may occur after the date hereof. Except as expressly set forth in Section 1 hereof, Investor reserves the right to exercise all of its rights and remedies, whether arising under the Investment Agreement, the other Transaction Documents or applicable law. Neither this Amendment nor any other agreement entered in connection herewith or pursuant to the terms hereof shall be deemed or construed to be a compromise, satisfaction, reinstatement, accord and satisfaction, novation or release of the Investment Agreement or any of the other Transaction Documents, or any rights or obligations thereunder, or a waiver by Investor of any of its rights thereunder or at law or in equity. This Amendment does not obligate Investor to agree to any other extension or modification of the Investment Agreement nor does it constitute a course of conduct or dealing on behalf of Investor or a waiver of any other rights or remedies of Investor. No omission or delay by Investor in exercising any right or power under the Investment Agreement, this Amendment, the other Transaction Documents or any related instruments, agreements or documents will impair such right or power or be construed to be a waiver of any default or Event of Default or an acquiescence therein, and any single or partial exercise of any such right or power will not preclude other or further exercise thereof or the exercise of any other right, and no waiver will be valid unless in writing and then only to the extent specified.

No Waivers; Reservation of Rights. Investor has Investors have not waived, is are not by this Amendment Agreement waiving, and has no intention of waiving, the Existing Defaults or any defaults or other Events of Default which may be existing continuing on the date hereof or any Events of Default which may occur after the date hereofhereof (whether the same or similar to the Existing Defaults or otherwise), or any event which, with the passage of time or giving of notice, will become an Event of Default. Investor has Investors have not agreed to forbear with respect to any of its their rights or remedies concerning any defaults or Events of DefaultDefault (other than, during the Forbearance Period, the Existing Defaults to the extent expressly set forth herein), which may be continuing as of the date hereof or which may occur after the date hereof. Investor reserves Except as expressly set forth in Section 2(a), Investors reserve the right to exercise all of its their rights and remedies, whether arising under the Investment Purchase Agreement, the Notes, the other Transaction Documents or applicable law. Neither this Amendment Agreement nor any other agreement entered in connection herewith or pursuant to the terms hereof shall be deemed or construed to be a compromise, satisfaction, reinstatement, accord and satisfaction, novation or release of the Investment Purchase Agreement or any of the other Transaction Documents, or any rights or obligations thereunder, or a waiver by either Investor of any of its rights thereunder or at law or in equity. This Amendment Agreement does not obligate Investor Investors to agree to any other extension or modification of the Investment Purchase Agreement nor does it constitute a course of conduct or dealing on behalf of Investor Investors or a waiver of any other rights or remedies of InvestorInvestors. No omission or delay by Investor Lender in exercising any right or power under the Investment Purchase Agreement, this AmendmentAgreement, the Notes, the other Transaction Documents or any related instruments, agreements or documents will impair such right or power or be construed to be a waiver of any default or Event of Default or an acquiescence therein, and any single or partial exercise of any such right or power will not preclude other or further exercise thereof or the exercise of any other right, and no waiver will be valid unless in writing and then only to the extent specified.

No Waivers; Reservation of Rights. Investor DMRJ has not waived, is not by this Amendment waiving, and has no intention of waiving, any defaults or Events of Default which be existing on date hereof or may occur after the date hereof. Investor DMRJ has not agreed to forbear with respect to any of its rights or remedies concerning any defaults or Events of Default, which may be continuing as of the date hereof or which may occur after the date hereof. Investor DMRJ reserves the right to exercise all of its rights and remedies, whether arising under the Investment Agreement, the other Transaction Documents or applicable law. Neither this Amendment nor any other agreement entered in connection herewith or pursuant to the terms hereof shall be deemed or construed to be a compromise, satisfaction, reinstatement, accord and satisfaction, novation or release of the Investment Agreement or any of the other Transaction Documents, or any rights or obligations thereunder, or a waiver by Investor DMRJ of any of its rights thereunder or at law or in equity. This Amendment does not obligate Investor DMRJ to agree to any other extension or modification of the Investment Agreement nor does it constitute a course of conduct or dealing on behalf of Investor DMRJ or a waiver of any other rights or remedies of InvestorDMRJ. No omission or delay by Investor DMRJ in exercising any right or power under the Investment Agreement, this Amendment, the other Transaction Documents or any related instruments, agreements or documents will impair such right or power or be construed to be a waiver of any default or Event of Default or an acquiescence therein, and any single or partial exercise of any such right or power will not preclude other or further exercise thereof or the exercise of any other right, and no waiver will be valid unless in writing and then only to the extent specified.

No Waivers; Reservation of Rights. Investor has not waived, is are not by this Amendment Forbearance Agreement waiving, and has no intention of waiving, any defaults or Events of Default which be existing on date hereof or may occur after the date hereof, including the Payment Default, or any event which, with the passage of time or giving of notice, will become an Event of Default. Investor has not agreed to forbear with respect to any of its their rights or remedies concerning any defaults or Events of DefaultDefault (other than, during the Forbearance Period, the Payment Default to the extent expressly set forth herein), which may be continuing as of the date hereof or which may occur after the date hereof. Except as expressly set forth in Section 1, Investor reserves the right to exercise all of its their rights and remedies, whether arising under the Investment Agreement, the other Transaction Documents or applicable law. Neither this Amendment Forbearance Agreement nor any other agreement entered in connection herewith or pursuant to the terms hereof shall be deemed or construed to be a compromise, satisfaction, reinstatement, accord and satisfaction, novation or release of the Investment Agreement or any of the other Transaction Documents, or any rights or obligations thereunder, or a waiver by Investor of any of its rights thereunder or at law or in equity. This Amendment Forbearance Agreement does not obligate Investor to agree to any other extension or modification of the Investment Agreement nor does it constitute a course of conduct or dealing on behalf of Investor or a waiver of any other rights or remedies of Investor. No omission or delay by Investor in exercising any right or power under the Investment Agreement, this AmendmentForbearance Agreement, the other Transaction Documents or any related instruments, agreements or documents will impair such right or power or be construed to be a waiver of any default or Event of Default or an acquiescence therein, and any single or partial exercise of any such right or power will not preclude other or further exercise thereof or the exercise of any other right, and no waiver will be valid unless in writing and then only to the extent specified.