Common use of Reference to Credit Agreement; No Waiver Clause in Contracts

Reference to Credit Agreement; No Waiver. 6.1 Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Credit Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement as amended hereby. The term “Loan Documents” as defined in Schedule 1.1 of the Credit Agreement shall include (in addition to the Loan Documents described in the Credit Agreement) this Amendment and any other agreements, instruments or other documents executed in connection herewith. 6.2 The Agent’s and a Lender’s failure, at any time or times hereafter, to require strict performance by the Borrowers of any provision or term of the Credit Agreement, this Amendment or the other Loan Documents shall not waive, affect or diminish any right of the Agent or a Lender thereafter to demand strict compliance and performance therewith. Any suspension or waiver by the Agent or a Lender of a breach of this Amendment or any Event of Default under the Credit Agreement shall not, except as expressly set forth herein, suspend, waive or affect any other breach of this Amendment or any Event of Default under the Credit Agreement, whether the same is prior or subsequent thereto and whether of the same or of a different kind or character. None of the undertakings, agreements, warranties, covenants and representations of any Borrower contained in this Amendment, shall be deemed to have been suspended or waived by the Agent or a Lender unless such suspension or waiver is: (i) in writing and signed by the Agent and each Lender and (ii) delivered to the Borrower. In no event shall the Agent’s and each Lender’s execution and delivery of this Amendment establish a course of dealing among the Agent, each Lender, the Borrowers, or any other obligor or in any other way obligate the Agent or each Lender to hereafter provide any amendments or waivers with respect to the Credit Agreement. The terms and provisions of this Amendment shall be limited precisely as written and shall not be deemed: (A) to be a consent to a modification, amendment or waiver of any other term or condition of the Credit Agreement or of any other Loan Documents, or (B) to prejudice any right or remedy that the Agent or each Lender may now have under or in connection with the Credit Agreement or any of the other Loan Documents.

Reference to Credit Agreement; No Waiver. 6.1 Upon the effectiveness of this Amendment, each reference in the Credit Agreement to “this Credit Agreement,” “hereunder,” “hereof,” “herein” or words of like import shall mean and be a reference to the Credit Agreement as amended hereby. The term “Loan Documents” as defined in Schedule 1.1 of the Credit Agreement shall include (in addition to the Loan Documents described in the Credit Agreement) this Amendment and any other agreements, instruments or other documents executed in connection herewith. 6.2 The Agent’s and a Lender’s failure, at any time or times hereafter, to require strict performance by the Borrowers of any provision or term of the Credit Agreement, this Amendment Limited Waiver or the other Loan Documents shall not waive, affect or diminish any right of the Agent or a Lender thereafter to demand strict compliance and performance therewith. Any suspension or waiver by the Agent or a Lender of a breach of this Amendment Limited Waiver or any Event of Default under the Credit Agreement shall not, except as expressly set forth herein, suspend, waive or affect any other breach of this Amendment Limited Waiver or any Event of Default under the Credit Agreement, whether the same is prior or subsequent thereto and whether of the same or of a different kind or character. None of the undertakings, agreements, warranties, covenants and representations of any Borrower contained in this AmendmentLimited Waiver, shall be deemed to have been suspended or waived by the Agent or a Lender unless such suspension or waiver is: (i) in writing and signed by the Agent and each Lender and (ii) delivered to the Borrower. In no event shall the Agent’s and each Lender’s execution and delivery of this Amendment Limited Waiver establish a course of dealing among the Agent, each Lender, the Borrowers, or any other obligor or in any other way obligate the Agent or each Lender to hereafter provide any amendments or waivers with respect to the Credit Agreement. The terms and provisions of this Amendment Limited Waiver shall be limited precisely as written and shall not be deemed: (A) to be a consent to a modification, amendment modification or waiver of any other term or condition of the Credit Agreement or of any other Loan Documents, or (B) to prejudice any right or remedy that the Agent or each Lender may now have under or in connection with the Credit Agreement or any of the other Loan Documents.