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.
Appears in 3 contracts
Samples: Option Agreement, Interest Deferral Agreement, Interest Deferral Agreement
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, 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.
Appears in 2 contracts
Samples: Recapitalization Support Agreement, Interest Deferral Agreement
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 unaffected by this Agreement and shall remain in full force and effect, except as otherwise agreed. 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 Deferring 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 Deferring 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.
Appears in 2 contracts
Samples: Interest Deferral Agreement, Interest Deferral Agreement
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 Deferring 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 Deferring 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.
Appears in 1 contract
Samples: Interest Deferral Agreement