Not a Waiver. Except as expressly provided in this Agreement, all of the terms of the Indenture and each other document related to the issuance of the Notes are and shall remain in full force and effect. Except as expressly provided herein, this Agreement is not, and shall not be deemed to be, (a) a waiver of any term or condition of the Indenture, or (b) prejudice any other right or remedy which the Consenting Noteholders now have or may have in the future under or in connection with the Indenture or any other document. No delay or forbearance by any of the Consenting Noteholders to exercise any right or remedy accruing upon the occurrence of an Event of Default or otherwise under the Indenture or other documents related to the issuance of the Notes shall impair such right or remedy or constitute a waiver thereof. Nothing in this Agreement shall be construed as an admission by the Company that it cannot pay its debts as they become due.
Not a Waiver. Landmark reserves the right to waive the enforcement of any of the terms of this Agreement. Any such waiver is not sufficient to modify the terms and conditions of this Agreement and will not affect Landmark’s right to insist on full enforcement of its rights in the future.
Not a Waiver. The waiver by Landlord of any breach of any term, covenant or condition of this Lease shall not be deemed a waiver of such term, covenant or condition or of any other breach of the same or any other term, covenant or condition. Acceptance of Rent by Landlord subsequent to any breach hereof shall not be deemed a waiver of any preceding breach other than the failure to pay the particular Rent so accepted, regardless of Landlord's knowledge of any breach at the time of such acceptance of Rent. Landlord shall not be deemed to have waived any term, covenant or condition unless Landlord gives Tenant written notice of such waiver. No delay or omission in the exercise of any right or remedy of Landlord upon any default by Tenant shall impair such right or remedy or be construed as a waiver of such default.
Not a Waiver. Any suspension or termination by Owner for convenience or cause under this Section 6 shall not act as a waiver of any claims by Owner against Contractor or others for damages based on breach of contract, negligence or other grounds.
Not a Waiver. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision.
Not a Waiver. Nothing contained in this Agreement shall be construed as a waiver of any Event of Default or a consent to any action or inaction by the Borrower or any other Loan Party, other than as expressed by the terms herein nor shall it be construed as a course of dealing or conduct on the part of the Administrative Agent or any Lender. All rights and remedies now or hereafter available to the Administrative Agent or any Lender are hereby reserved.
Not a Waiver. Nothing contained in this Agreement shall be construed as a waiver of any Event of Default or a consent to any action or inaction by the Borrower or any other Loan Party, other than as expressed by the terms herein nor shall it be construed as a course of dealing or conduct on the part of the Administrative Agent or any Lender. All rights and remedies now or hereafter available to the Administrative Agent or any Lender are hereby reserved. ADMINISTRATIVE AGENT: BANK OF AMERICA, N.A., as Administrative Agent By: /s/ Xxxxxxxx X. Carry Name: Xxxxxxxx X. Carry Title: Vice President BANK OF AMERICA, N.A., as a Lender, Collateral Agent and L/C Issuer By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Senior Vice President BANK OF MONTREAL, as a Lender By: Name: Title: BNP PARIBAS, as a Lender By: /s/ Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Managing Director By: /s/ Xxxxxx X. Xxxxx, Xx. Name: Xxxxxx X. Xxxxx, Xx. Title: Managing Director CALYON NEW YORK BRANCH, as a Lender By: Name: Title: FORTIS CAPITAL CORP., as a Lender By: Name: Title: JPMORGAN CHASE BANK NA, as a Lender By: /s/ Xxxx Xxxxxx Name: Xxxx Xxxxxx Title: Managing Director BANK OF NOVA SCOTIA, as a Lender By: Name: Title: SOCIÉTÉ GÉNÉRALE, as a Lender By: /s/ Xxxxx X. Xxxxx Name: Xxxxx X. Xxxxx Title: Vice President U.S. BANK NATIONAL ASSOCIATION, as a Lender By: /s/ Xxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx Title: Senior Vice President BORROWER: By: /s/ X. X. Xxxx Name: X. X. Xxxx Title: Vice President—Treasurer Each Loan Party (a) consents and agrees to the terms of this Agreement and all other Loan Documents executed in connection therewith, (b) affirms that nothing contained in this Agreement shall modify in any respect whatsoever its obligations under the Guarantee and Collateral Agreement, (c) agrees that the “Obligations” as defined in the Guarantee and Collateral Agreement shall include without limitation, the indebtedness and obligations of the Borrower and the Loan Parties under the Loan Documents, including the Credit Agreement as amended hereby, and (d) agrees that the Guarantee and Collateral Agreement remains in full force and effect, continues to be legal, valid, binding, and enforceable in accordance with its terms, and that such Guarantee and Collateral Agreement guarantees the repayment of the Obligations, and all renewals, extensions, and modifications thereof, in accordance with, and to the extent of, the terms of the Guarantee and Collateral Agreement.
Not a Waiver. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant, or agreement of this Agreement or of the other Loan Documents, or to exercise any right, power, or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant, or agreement or of any such breach, or preclude the Lender from exercising any such right, power, or remedy at any later time or times. By accepting payment after the due date of any of the Borrower's Obligations, the Lender shall not be deemed to have waived the right to require payment when due of all other Borrower's Obligations or to declare an Event of Default for failure to effect such payment of any such other Borrower's Obligations. The Borrower waives presentment, notice of dishonor, and notice of non-payment with respect to accounts that constitute part of the Collateral.
Not a Waiver. Any suspension or termination by Owner for convenience or cause under this Article 13 shall not act as a waiver of any claims by Owner against Contractor or others for damages based on breach of contract, negligence or other grounds.
Not a Waiver. No failure or delay on the part of Administrative Agent or Assigning Lender in the exercise of any power, right, or privilege hereunder or under the Credit Agreement or any Loan Document will impair such power, right, or privilege or be construed to be a waiver of any default or acquiescence therein. No single or partial exercise of any such power, right, or privilege will preclude further exercise thereof or of any other right, power, or privilege.
