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

Reservation of Rights; No Waiver by Conduct. This letter agreement grants a limited forbearance until October 31, 2003 only, or until an earlier Event of Default, upon the terms and conditions set forth herein. Excepting only the waiver of Existing Events of Default set forth herein, nothing herein shall be deemed to constitute a waiver of any Defaults or Events of Default or 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 holders of the Notes under any of the documents referred to herein or applicable law. Further, the holders of the Notes shall have the right to waive any conditions set forth in this letter agreement 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 holders of the Notes may have against the Company or the Guarantors. No waiver of the rights or any condition of this letter agreement and/or any other document by the holders of the Notes shall be effective unless the same shall be contained in a writing signed by authorized representatives of the holders of the Notes, as the case may be, in the manner required by paragraph 11C of the Note Agreement. No course of dealing on the part of the holders of the Notes, nor any delay or failure on the part of the holders of the Notes 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 letter agreement grants a limited forbearance until October 31, 2003 only, or until an earlier Event of Default, upon the terms and conditions set forth herein. Excepting only the waiver of Existing Events of Default set forth herein, nothing Nothing herein shall be deemed to constitute a waiver of any existing Defaults or Events of Default, or a waiver of any new Defaults or Events of Default or 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 holders of Agent and/or the Notes Lenders under any of the documents referred to herein or applicable law. Further, the holders of Agent and the Notes Lenders shall have the right to waive any conditions set forth in this letter agreement 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 holders of Agent or the Notes Lenders may have against the Company Borrower or the Guarantorsany Guarantor. No waiver of the rights or any condition of this letter agreement Amendment and/or any other document by the holders of Agent or the Notes Lenders shall be effective unless the same shall be contained in a writing signed by authorized representatives of the holders of Agent or the NotesLenders, as the case may be, in the manner required by paragraph 11C Section 11.5 of the Note Credit Agreement. No course of dealing on the part of the holders of Agent or the NotesLenders, nor any delay or failure on the part of the holders of Agent or the Notes 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 letter agreement Amendment grants a limited forbearance restructuring opportunity until October 31April 30, 2003 2002 only, or until an the earlier occurrence of a Restructuring Event of Default, upon the terms and conditions set forth hereinin this Amendment. Excepting only the waiver of Existing Events of Default set forth hereinExcept as otherwise expressly provided in Section 1.12 hereof, nothing herein shall be deemed to constitute a waiver of (i) any Defaults Existing Defaults, (ii) any Restructuring Event of Default, or Events (iii) any Event of Default or of any other provision of any of under the documents referred to hereinLoan Documents, and nothing herein shall in any way prejudice the rights and remedies of the holders of Agent and/or the Notes Banks under any of the documents referred to herein or applicable law. Further, the holders of Agent and the Notes Banks shall have the right to waive any conditions set forth in this letter agreement 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 holders of Agent or the Notes Banks may have against the Company or the GuarantorsLoan Parties. No waiver of the rights or any condition of this letter agreement Amendment and/or any other document by the holders of Agent or the Notes Banks shall be effective unless the same shall be contained in a writing signed by authorized representatives of the holders of Agent or the NotesBanks, as the case may be, in the manner required by paragraph 11C of the Note Credit Agreement. No course of dealing on the part of the holders of Agent or the NotesBanks, nor any delay or failure on the part of the holders of Agent or the Notes 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 letter agreement grants a limited forbearance until October 31, 2003 only, or until an earlier Event of Default, upon the terms and conditions set forth herein. Excepting only the waiver of Existing Events of Default set forth herein, nothing Nothing herein shall be deemed to constitute a waiver of any Defaults or Events of Default or 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 holders of the Notes under any of the documents referred to herein or applicable law. Further, the holders of the Notes shall have the right to waive any conditions set forth in this letter agreement 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 holders of the Notes may have against the Company or the Guarantors. No waiver of the rights or any condition of this letter agreement and/or any other document by the holders of the Notes shall be effective unless the same shall be contained in a writing signed by authorized representatives of the holders of the Notes, as the case may be, in the manner required by paragraph 11C of the Note Agreement. No course of dealing on the part of the holders of the Notes, nor any delay or failure on the part of the holders of the Notes 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.