Common use of Reservation of Rights; No Waiver by Conduct Clause in Contracts

Reservation of Rights; No Waiver by Conduct. This Amendment grants a limited forbearance until April 15, 2003 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in this Amendment. Nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Defaults or Events of Default under any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment). Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the Borrower. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This Amendment grants a limited forbearance until April 15November 30, 2003 2001 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in this Amendment. Nothing Excepting only the waiver of the Existing Defaults as set forth herein, nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Defaults or Events Event of Default under of any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or holders of the Lenders Notes under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and holders of the Lenders Notes shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or holders of the Lenders Notes may have against the BorrowerBorrower or the Guarantors. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or holders of the Lenders Notes shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or holders of the Lenders, as the case may be, Notes in the manner required by Section 8.3 paragraph 11C of the Credit Note Agreement. No course of dealing on the part of the Administrative Agent or the Lendersany holder of a Note, nor any delay or failure on the part of the Administrative Agent or the Lenders any holder of a Note in exercising any right, power or privilege hereunder hereunder, shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This Amendment grants a limited forbearance until April 15, 2003 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in this Amendment. Nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Unmatured Defaults or Events Defaults of Default under any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerBorrowers or the Guarantors. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 8.2 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege. The modifications set forth herein with respect to Facility LCs will not change in any manner the modifications addressed in any of the Prior Amendments or impair any rights or remedies in favor of the Lenders or the Agent as established in any of the Prior Amendments. Without limiting the generality of the preceding sentence, the Borrowers acknowledge that the "Improvement Period" granted to the Borrowers under the Prior Amendments expired on January 31, 2003, and that nothing contained in this Amendment is intended to address the effect of such expiration or impair any obligations, rights or remedies that may exist under the terms and conditions set forth in the Prior Amendments.

Reservation of Rights; No Waiver by Conduct. This The Second Amendment, as modified by the Third Amendment, the Fourth Amendment and the Fifth Amendment, and as further modified by this Amendment, grants a limited forbearance until April 15October 31, 2003 2002 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment and this Amendment. Nothing Excepting only the waiver of the Existing Defaults as set forth in the Second Amendment and in this Amendment, nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Unmatured Defaults or Events Defaults of Default under any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerBorrowers or the Guarantors. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 8.2 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This Amendment grants a limited forbearance restructuring opportunity until April 15September 14, 2003 2001 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in this Amendment. Nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Defaults or Events of Default under or defaults of any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerCompany. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 12.5 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This The Second Amendment, as modified by the Third Amendment and as further modified by this Amendment, grants a limited forbearance until April 15February 28, 2003 2002 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in the Second Amendment, the Third Amendment and this Amendment. Nothing Excepting only the waiver of the Existing Defaults as set forth in the Second Amendment, nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Unmatured Defaults or Events Defaults of Default under any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerBorrowers or the Guarantors. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 8.2 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This The Second Amendment, as modified by the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment and the Eighth Amendment, and as further modified by this Amendment, grants a limited forbearance until April 15October 31, 2003 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, the Eighth Amendment and this Amendment. Nothing Excepting only the waiver of the March 2003 Defaults as set forth in this Amendment, nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Unmatured Defaults or Events Defaults of Default under any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerBorrowers or the Guarantors. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 8.2 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This Amendment grants a limited forbearance restructuring opportunity until April 15January 31, 2003 2002 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in this Amendment. Nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Defaults or Events of Default under or defaults of any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerCompany. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 12.5 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This Amendment grants a limited forbearance until April 15November 30, 2003 2001 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in this Amendment. Nothing Excepting only the waiver of the Existing Defaults as set forth herein, nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Unmatured Defaults or Events Defaults of Default under any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerBorrowers or the Guarantors. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 8.2 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.any

Reservation of Rights; No Waiver by Conduct. This The Second Amendment, as modified by the Third Amendment, the Fourth Amendment, the Fifth Amendment and the Sixth Amendment, and as further modified by this Amendment, grants a limited forbearance until April 15January 31, 2003 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment and this Amendment. Nothing Excepting only the waiver of the Existing Defaults as set forth in the Second Amendment and in the Sixth Amendment, nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Unmatured Defaults or Events Defaults of Default under any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerBorrowers or the Guarantors. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 8.2 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This The Second Amendment, as modified by the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, the Eighth Amendment, the Ninth Amendment and the Tenth Amendment, and as further modified by this Amendment, grants a limited forbearance until April 15March 31, 2003 2004 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, the Eighth Amendment, the Ninth Amendment, the Tenth Amendment and this Amendment. Nothing Excepting only the waiver of the Milestone Defaults as set forth in this Amendment, nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Unmatured Defaults or Events Defaults of Default under any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerBorrowers or the Guarantors. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 8.2 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This Amendment The Second Amendment, as modified by this Amendment, grants a limited forbearance until April 15November 30, 2003 2001 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in the Second Amendment and this Amendment. Nothing Excepting only the waiver of the Existing Defaults as set forth in the Second Amendment, nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Unmatured Defaults or Events Defaults of Default under any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerBorrowers or the Guarantors. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 8.2 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This The Second Amendment, as modified by the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, the Eighth Amendment and the Ninth Amendment, and as further modified by this Amendment, grants a limited forbearance until April 15January 31, 2003 2004 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in the Second Amendment, the Third Amendment, the Fourth Amendment, the Fifth Amendment, the Sixth Amendment, the Seventh Amendment, the Eighth Amendment, the Ninth Amendment and this Amendment. Nothing Excepting only the waiver of the Milestone Defaults as set forth in this Amendment, nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Unmatured Defaults or Events Defaults of Default under any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerBorrowers or the Guarantors. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 8.2 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This Amendment grants a limited forbearance restructuring opportunity until April 1530, 2003 only, or until an the earlier Default or occurrence of a Restructuring Event of Default, upon the terms and conditions set forth in this Amendment. Nothing Except as otherwise expressly provided herein, nothing herein shall be deemed to constitute a waiver of (i) any Existing Defaults Defaults, (except to the extent and on the terms expressly set forth herein)ii) any Restructuring Event of Default, or a waiver of (iii) any new Defaults or Events Event of Default under any other provision of any of the documents referred to hereinLoan Documents, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders Banks under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders Banks shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders Banks may have against the BorrowerLoan Parties. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders Banks shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the LendersBanks, as the case may be, in the manner required by Section 8.3 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the LendersBanks, nor any delay or failure on the part of the Administrative Agent or the Lenders Banks in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This Amendment grants a limited forbearance restructuring opportunity until April 15June 28, 2003 2002 only, or until an the earlier Default or occurrence of a Restructuring Event of Default, upon the terms and conditions set forth in this Amendment. Nothing Except as otherwise expressly provided herein, nothing herein shall be deemed to constitute a waiver of (i) any Existing Defaults Defaults, (except to the extent and on the terms expressly set forth herein)ii) any Restructuring Event of Default, or a waiver of (iii) any new Defaults or Events Event of Default under any other provision of any of the documents referred to hereinLoan Documents, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders Banks under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders Banks shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders Banks may have against the BorrowerLoan Parties. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders Banks shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the LendersBanks, as the case may be, in the manner required by Section 8.3 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the LendersBanks, nor any delay or failure on the part of the Administrative Agent or the Lenders Banks in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.

Reservation of Rights; No Waiver by Conduct. This The Second Amendment, as modified by the Third Amendment and the Fourth Amendment, and as further modified by this Amendment, grants a limited forbearance until April 15May 31, 2003 2002 only, or until an earlier Default or Event of Default, upon the terms and conditions set forth in the Second Amendment, the Third Amendment, the Fourth Amendment and this Amendment. Nothing Excepting only the waiver of the Existing Defaults as set forth in the Second Amendment, nothing herein shall be deemed to constitute a waiver of any Existing Defaults (except to the extent and on the terms expressly set forth herein), or a waiver of any new Unmatured Defaults or Events Defaults of Default under any other provision of any of the documents referred to herein, and nothing herein shall in any way prejudice the rights and remedies of the Administrative Agent and/or the Lenders under any of the documents referred to herein or applicable law (other than the agreement to forbear under the terms and conditions of this Amendment)law. Further, the Administrative Agent and the Lenders shall have the right to waive any conditions set forth in this Amendment and/or such documents, in their sole discretion, and any such waiver shall not prejudice, waive or reduce any other right or remedy which the Administrative Agent or the Lenders may have against the BorrowerBorrowers or the Guarantors. No waiver of the rights or any condition of this Amendment and/or any other document by the Administrative Agent or the Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the Administrative Agent or the Lenders, as the case may be, in the manner required by Section 8.3 8.2 of the Credit Agreement. No course of dealing on the part of the Administrative Agent or the Lenders, nor any delay or failure on the part of the Administrative Agent or the Lenders in exercising any right, power or privilege hereunder shall operate as a waiver of such right, power or privilege, nor shall any single or partial exercise thereof preclude any further exercise thereof or the exercise of any other right, power or privilege.