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 (i) Lender Group has not waived, and is not by this Amendment waiving, and has no intention by the execution of waivingthis Agreement, the funding of Additional Term Loans B, or the acceptance of any defaults payments hereunder or Events under the Credit Agreement, the Designated Defaults or any Default, Event of Default or Termination Event which be existing on date hereof has occurred or may hereafter occur after (whether the date hereof. Investor same or similar to the Designated Defaults or otherwise), and Lender Group has not agreed to forbear with respect to any of its rights or remedies concerning any defaults Default or Events Event of DefaultDefault (other than, during the Forbearance Period, the Designated Defaults to the extent expressly set forth herein), which may be have occurred or is continuing as of the date hereof or which may occur after the date hereof. Investor . (ii) Subject to Section 3(b) above (solely with respect to the Designated Defaults), Lender Group and each Agent reserves the right right, in its discretion, to exercise, or cause the exercise of, any or all of its their rights and remedies, whether arising remedies under the Investment Credit Agreement, the other Transaction Loan Documents or and 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 law as a compromise, satisfaction, reinstatement, accord and satisfaction, novation or release result of the Investment Agreement Designated Defaults 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 Default or Event of Default which has occurred or may hereafter occur. (iii) Without limiting the generality of the foregoing, Borrowers will not claim that any prior action or course of conduct by Lender Group or any Agent constitutes an acquiescence thereinagreement or obligation to continue such action or course of conduct in the future. Each of Borrowers acknowledges that Lender Group or any Agent has made no commitment as to: (i) future funding of the Revolving Credit Loan or Additional Term Loans B, and any single (ii) how or partial exercise whether the Designated Defaults will be resolved upon termination or expiration of any such right the Forbearance Period. (iv) Except as expressly provided herein, nothing in this Agreement shall be construed as an amendment to the Credit Agreement, or power will not preclude other or further exercise thereof or the exercise of any other rightLoan Document. The Credit Agreement, and no waiver will be valid the Loan Documents are in full force and effect, and shall remain in full force and effect unless in writing and until an agreement modifying the Credit Agreement, or such other Loan Document is executed and delivered by the applicable parties, and then only to the extent specifiedsuch agreement actually modifies such documents. The parties hereto further acknowledge and agree that this Agreement shall constitute a Loan Document for all purposes.

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.

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 (i) Lender Group has not waived, and is not by this Amendment waiving, and has no intention by the execution of waivingthis Agreement, the funding of any defaults Term Loans C or Events the acceptance of any payments hereunder or under the Credit Agreement, the Existing Defaults, a Financial Covenant Default, or any Default, Event of Default or Termination Event which be existing on date hereof has occurred or may hereafter occur after (whether the date hereof. Investor same or similar to the Existing Defaults, a Financial Covenant Default or otherwise), and Lender Group has not agreed to forbear with respect to any of its rights or remedies concerning any defaults Default or Events Event of DefaultDefault (other than, solely during the Forbearance Period, the Existing Defaults and any Financial Covenant Default to the extent expressly set forth herein), which may be have occurred or is continuing as of the date hereof or which may occur after the date hereof. Investor . (ii) Subject to Section 3(b) above (solely with respect to the Existing Defaults and any Financial Covenant Default), Lender Group and each Agent reserves the right right, in its discretion, to exercise, or cause the exercise of, any or all of its their rights and remedies, whether arising remedies under the Investment Credit Agreement, the other Transaction Loan Documents or and 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 law as a compromise, satisfaction, reinstatement, accord and satisfaction, novation or release result of the Investment Agreement or Existing Defaults, any of the other Transaction DocumentsFinancial Covenant Default, 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 Default or Event of Default which has occurred or may hereafter occur. For the avoidance of doubt, the forbearance of the Lender Group under Section 3(b) above with respect to (i) the Existing Defaults applies only to such defaults as they exist on the date hereof and (ii) any Financial Covenant Default applies only to such defaults occurring under Section 5.06 during the Forbearance Period. (iii) Without limiting the generality of the foregoing, Borrowers will not claim that any prior action or course of conduct by Lender Group or any Agent constitutes an acquiescence thereinagreement or obligation to continue such action or course of conduct in the future. Each Borrower acknowledges that neither Lender Group nor any Agent has made any commitment as to: (i) any future funding of any Loan, (ii) the length of the Forbearance Period or (iii) how or whether the Existing Defaults, Financial Covenant Defaults or any other Default or Event of Default will be resolved upon termination or expiration of the Forbearance Period. (iv) Except as expressly provided herein, nothing in this Agreement shall be construed as an amendment to the Credit Agreement or any other Loan Document. The Credit Agreement and the other Loan Documents are in full force and effect, and any single shall remain in full force and effect unless and until an agreement modifying the Credit Agreement or partial exercise of any such right or power will not preclude other or further exercise thereof or Loan Document is executed and delivered by the exercise of any other rightapplicable parties, and no waiver will be valid unless in writing and then only to the extent specifiedsuch agreement actually modifies such documents. The parties hereto further acknowledge and agree that this Agreement shall constitute a Loan Document for all purposes.

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 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.