Common use of Waiver and Agreement Clause in Contracts

Waiver and Agreement. Neither the failure nor any delay on the part -------------------- of Bank to exercise any right, power or privilege herein or under any of the other Loan Documents shall operate as a waiver CREDIT AGREEMENT - Page 9 ---------------- thereof, nor shall any single or partial exercise of such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver of any provision in this Credit Agreement or in any of the other Loan Documents and no departure by Borrower therefrom shall be effective unless the same shall be in writing and signed by Bank, and then shall be effective only in the specific instance and for the purpose for which given and to the extent specified in such writing. No modification or amendment to this Credit Agreement or to any of the other Loan Documents shall be valid or effective unless the same is signed by the party against whom it is sought to be enforced.

Waiver and Agreement. Neither the failure nor any delay on the part -------------------- of Bank Lender to exercise any right, power or privilege herein or under any of the other Loan Documents shall operate as a waiver CREDIT AGREEMENT - Page 9 ---------------- thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver of any provision in this Credit Agreement or in any of the other Loan Documents and no departure by Borrower Debtor or Guarantor therefrom shall be effective unless the same shall be in writing and signed by BankLxxxxx, and then shall be effective only in the specific instance and for the purpose for which given and to the extent specified in such writing. No modification or amendment to this Credit Agreement or to any of the other Loan Documents shall be valid or effective unless the same is signed by the party against whom it is sought to be enforced.

Waiver and Agreement. Neither the failure nor any delay on the part -------------------- of Bank Lender to exercise any right, power or privilege herein or under any of the other Loan Documents shall operate as a waiver CREDIT AGREEMENT - Page 9 ---------------- thereof, nor THERMO CREDIT, LLC - UNITED ESYSTEMS, INC. shall any single or partial exercise of such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver of any provision in this Credit Agreement or in any of the other Loan Documents and no departure by Borrower any Obligor therefrom shall be effective unless the same shall be in writing and signed by BankLender, and then shall be effective only in the specific instance and for the purpose for which given and to the extent specified in such writing. No modification or amendment to this Credit Agreement or to any of the other Loan Documents shall be valid or effective unless the same is signed by the party against whom it is sought to be enforced.

Waiver and Agreement. Neither the failure nor any delay on the part -------------------- of Bank Lender to exercise any right, power or privilege herein or under any of the other Loan Documents shall operate as a waiver CREDIT AGREEMENT - Page 9 ---------------- thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver of any provision in this Credit Agreement or in any of the other Loan Documents and no departure by any Borrower or any Guarantor therefrom shall be effective unless the same shall be in writing and signed by BankXxxxxx, and then shall be effective only in the specific instance and for the purpose for which given and to the extent specified in such writing. No modification or amendment to this Credit Agreement or to any of the other Loan Documents shall be valid or effective unless the same is signed by the party against whom it is sought to be enforced.

Waiver and Agreement. Neither the failure nor any delay on the part -------------------- of Bank the Lender to exercise any right, power power, or privilege herein or under any of the other Loan Documents shall operate as a waiver CREDIT AGREEMENT - Page 9 ---------------- thereof, nor shall any single or partial exercise of such right, power power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power power, or privilege. No waiver of any provision in this Credit Agreement or in any of the other Loan Documents Documents, and no departure by the Borrower therefrom therefrom, shall be effective unless the same shall be in writing and signed by Bankthe Lender, and then shall be effective only in the specific instance and for the purpose for which given and to the extent specified in such writing. No modification or amendment to this Credit Agreement or to any of the other Loan Documents shall be valid or effective unless the same is signed by the party against whom it is sought to be enforced.

Waiver and Agreement. Neither the failure nor any delay on the part -------------------- of Bank Lender to exercise any right, power or privilege herein or under any of the other Loan Documents shall operate as a waiver CREDIT AGREEMENT - Page 9 ---------------- thereof, nor shall any single or partial exercise of such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. No waiver of any provision in this Credit Agreement or in any of the other Loan Documents and no departure by Borrower any Obligor therefrom shall be effective unless the same shall be in writing and signed by BankLender, and then shall be effective only in the specific instance and for the purpose for which given and to the extent specified in such writing. No modification or amendment to this Credit Agreement or to any of the LOAN AND SECURITY AGREEMENT – PAGE THERMO CREDIT, LLC – FLINT TELECOM GROUP, INC. DALLAS 2045610v.4 other Loan Documents shall be valid or effective unless the same is signed by the party against whom it is sought to be enforced.