Common use of Waiver; Cumulative Remedies Clause in Contracts

Waiver; Cumulative Remedies. Subject to the rights of the Lenders under the Amended and Restated Credit Agreement, the Agent may on behalf of the Lenders: (a) at any time and from time to time, execute and deliver to the Borrower a written instrument waiving, on such terms and conditions as the Agent, may specify in such written instrument, any of the requirements of this Agreement or any Event of Default and its consequences, provided, that any such waiver shall be for such period and subject and limited to such conditions as shall be specified in any such instrument and to the instance for which the waiver is given. In the case of any such waiver, the Borrower and the Agent, shall be restored to their former positions prior to such Event of Default and shall have the same rights as they had hereunder. The rights, powers and remedies provided in this Agreement are cumulative, may be exercised concurrently or separately, may be exercised from time to time and in such order as the Agent, shall determine, and are in addition to, and not exclusive of, rights, powers and remedies provided by applicable Laws. (b) after an Event of Default proceed against the Borrower and/or the Collateral with or without proceeding against any Person obligated under any of the Obligations. (c) after an Event of Default proceed against the Borrower with or without proceeding under any of the Loan Documents or any other agreement. (d) without reducing or impairing the obligation of the Borrower and without notice, release or compromise with any guarantor or other Person liable for all or any part of the Obligations. (e) without reducing or impairing the obligations of the Borrower and without notice thereof: (i) fail to perfect the Lien in any or all Collateral or to release any or all of the Collateral or to accept substitute Collateral, (ii) allow all or any Obligations to arise after the date of this Agreement, (iii) waive any provision of this Agreement, (iv) exercise or fail to exercise rights of set-off or other rights, (v) accept partial payments or extend from time to time the maturity of all or any part of the Obligations, and (vi) take or fail to take any action under this Agreement or against any one or more Persons obligated under the Obligations. The Borrower hereby waives and releases all claims and defenses against the Agent and/or the Lenders, respectively, with respect to the payment of the or enforcement of the Obligations and the Agent's rights in the Collateral on account of any of the foregoing.

Waiver; Cumulative Remedies. Subject to the rights of the Lenders Secured Parties under the Amended Intercreditor Agreement and Restated Credit Agreementthe Company under the Collateral Documents and the Transaction Documents, the Collateral Agent may may, on behalf of the LendersSecured Parties: (a) at any time and from time to time, execute and deliver to the Borrower Company a written instrument waiving, on such terms and conditions as the Agent, Collateral Agent may specify in such written instrument, any of the requirements of this Agreement or any Event of Default hereunder and its consequences, provided, that any such waiver shall be for such period and subject and limited to such conditions as shall be specified in any such instrument and to the instance for which the waiver is given. In the case of any such waiver, the Borrower Company and the Agent, Collateral Agent shall be restored to their former positions prior to such Event of Default and shall have the same rights as they had hereunder. The rights, powers and remedies provided in this Agreement are cumulative, may be exercised concurrently or separately, may be exercised from time to time and in such order as the Agent, Collateral Agent shall determine, and are in addition to, and not exclusive of, rights, powers and remedies provided by applicable Laws. (b) after an Event of Default proceed against the Borrower and/or any of the Collateral with or without proceeding against any the Company or other Person obligated under any of the Secured Obligations.; (c) after an Event of Default proceed against the Borrower with or without proceeding under any of the Loan Documents or any other agreement. (d) without reducing or impairing the obligation Secured Obligations of the Borrower Company and without notice, release or compromise with any guarantor or other Person liable for all or any part of the Secured Obligations.; (ed) without reducing or impairing the obligations Secured Obligations of the Borrower Company and without notice thereof: (i) fail to perfect the Lien in any or all Collateral or to release any or all of the Collateral or to accept substitute Collateral, (ii) allow all or any of the Secured Obligations to arise after the date of this Agreement, (iii) waive any provision of this Agreement, (iv) exercise or fail to exercise rights of set-off or other rights, (v) accept partial payments or extend from time to time the maturity of all or any part of the Secured Obligations, and (vi) take or fail to take any action under this Agreement or against any one or more Persons obligated under the Secured Obligations. The Borrower Company hereby waives and releases all claims and defenses against the Collateral Agent and the Secured Parties and/or the Lenders, respectively, with respect to the payment of or the or enforcement of the Secured Obligations and the Collateral Agent's rights in the Collateral on account of any of the foregoing, except as to the Collateral Agent's and the Secured Parties' gross negligence or willful misconduct.

Waiver; Cumulative Remedies. Subject to the rights of the Lenders Secured Parties under the Amended Intercreditor Agreement and Restated Credit Agreementthe applicable Debtor under the Security Documents and the Transaction Documents, the Collateral Agent may may, on behalf of the LendersSecured Parties: (a) at any time and from time to time, execute and deliver to the Borrower Debtors a written instrument waiving, on such terms and conditions as the Agent, Collateral Agent may specify in such written instrument, any of the requirements of this Agreement or any Event of Default hereunder and its consequences, provided, that any such waiver shall be for such period and subject and limited to such conditions as shall be specified in any such instrument and to the instance for which the waiver is given. In the case of any such waiver, each of the Borrower Debtor and the Agent, Collateral Agent shall be restored to their former positions prior to such Event of Default and shall have the same rights as they had hereunder. The rights, powers and remedies provided in this Agreement are cumulative, may be exercised concurrently or separately, may be exercised from time to time and in such order as the Agent, Collateral Agent shall determine, and are in addition to, and not exclusive of, rights, powers and remedies provided by applicable Laws. (b) after an Event of Default proceed against the Borrower and/or any of the Collateral with or without proceeding against any Person the Debtors or other Persons obligated under any of the Secured Obligations.; (c) after an Event of Default proceed against the Borrower with or without proceeding under any of the Loan Documents or any other agreement. (d) without reducing or impairing the obligation Secured Obligations of the Borrower Debtors and without notice, release or compromise with any guarantor or other Person liable for all or any part of the Secured Obligations.; (ed) without reducing or impairing the obligations Secured Obligations of the Borrower Debtors and without notice thereof: (i) fail to perfect the Lien in any or all Collateral or to release any or all of the Collateral or to accept substitute Collateral, (ii) allow all or any of the Secured Obligations to arise after the date of this Agreement, (iii) waive any provision of this Agreement, (iv) exercise or fail to exercise rights of set-off or other rights, (v) accept partial payments or extend from time to time the maturity of all or any part of 222 the Secured Obligations, and (vi) take or fail to take any action under this Agreement or against any one or more Persons obligated under the Secured Obligations. The Borrower Each of the Debtors hereby waives and releases all claims and defenses against the Collateral Agent and the Secured Parties and/or the Lenders, respectively, with respect to the payment of or the or enforcement of the Secured Obligations and the Collateral Agent's rights in the Collateral on account of any of the foregoing, except as to the Collateral Agent's and the Secured Parties' gross negligence or willful misconduct.

Waiver; Cumulative Remedies. Subject to the rights of the Lenders under the Amended and Restated Credit Agreement, the Agent may on behalf of the LendersThe Lender may: (a1) at any time and from time to time, execute and deliver to the Borrower a written instrument waiving, on such terms and conditions as the AgentLender, may specify in such written instrument, any of the requirements of this Agreement or any Event of Default and its consequences, provided, that any such waiver shall be for such period and subject and limited to such conditions as shall be specified in any such instrument and to the instance for which the waiver is given. In the case of any such waiver, the Borrower and the AgentLender, shall be restored to their former positions prior to such Event of Default and shall have the same rights as they had hereunder. The rights, powers and remedies provided in this Agreement are cumulative, may be exercised concurrently or separately, may be exercised from time to time and in such order as the Agent, Lender shall determine, and are in addition to, and not exclusive of, rights, powers and remedies provided by applicable Laws. (b2) after an Event of Default proceed against the Borrower and/or the Collateral with or without proceeding against any Person obligated under any of the Obligations. (c3) after an Event of Default proceed against the Borrower with or without proceeding under any of the Loan Documents or any other agreement. (d4) without reducing or impairing the obligation of the Borrower and without notice, release or compromise with any guarantor or other Person liable for all or any part of the Obligations. (e5) without reducing or impairing the obligations of the Borrower and without notice thereof: (i) fail to perfect the Lien in any or all Collateral or to release any or all of the Collateral or to accept substitute Collateral, (ii) allow all or any Obligations to arise after the date of this Agreement, (iii) waive any provision of this Agreement, (iv) exercise or fail to exercise rights of set-off or other rights, (v) accept partial payments or extend from time to time the maturity of all or any part of the Obligations, and (vi) take or fail to take any action under this Agreement or against any one or more Persons obligated under the Obligations. The Borrower hereby waives and releases all claims and defenses against the Agent and/or the Lenders, respectively, Lender with respect to the payment of the or enforcement of the Obligations and the AgentLender's rights in the Collateral on account of any of the foregoing.

Waiver; Cumulative Remedies. Subject to the rights of the Lenders under the Amended and Restated Credit AgreementThe Lender may, the Agent may on behalf of the Lenders: (a) at any time and from time to time, execute and deliver to the Borrower Borrowers a written instrument waiving, on such terms and conditions as the Agent, Lender may specify in such written instrument, any of the requirements of this Agreement or of the other Financing Documents or any Default or Event of Default and its consequences, provided, that any such waiver shall be for such period and subject and limited to such conditions as shall be specified in any such instrument and to the instance for which the waiver is giveninstrument. In the case of any such waiver, the Borrower and Borrowers, the Agent, Lender shall be restored to their former positions prior to such Default or Event of Default and shall have the same rights as they had hereunder. No such waiver shall extend to any subsequent or other Default or Event of Default, or impair any right consequent thereto and shall be effective only in the specific instance and for the specific purpose for which given. The rights, powers and remedies provided in this Agreement Agreement, the Note, and in the other Financing Documents are cumulative, may be exercised concurrently or separately, may be exercised from time to time and in such order as the Agent, Lender shall determine, subject to the provisions of this Agreement, and are in addition to, and not exclusive of, rights, powers and remedies provided by applicable Laws.. Without limiting the generality of the foregoing, the Lender shall: (ba) after an Event of Default proceed against any of the Borrower and/or the Collateral Borrowers with or without proceeding against any other Person obligated under which may be liable for all or any part of the Obligations; (b) proceed against any of the Obligations. (c) after an Event of Default proceed against the Borrower Borrowers with or without proceeding under any of the Loan Documents or any other agreement.Financing Documents; (dc) without reducing or impairing the obligation of any of the Borrower Borrowers and without notice, release or compromise with any guarantor or other Person liable for all or any part of the Obligations.Obligations under the Financing Documents or otherwise; or (ed) without reducing or impairing the obligations of any of the Borrower Borrowers and without notice thereof: (i) fail to perfect approve the Lien in any or all Collateral or to release any or all making of the Collateral or to accept substitute Collateral, (ii) allow all or any Obligations to arise after the date of Revolving Loans under this Agreement, (iiiii) waive any provision of this AgreementAgreement or the other Financing Documents, (iviii) exercise or fail to exercise rights of set-off or other rights, or (viv) accept partial payments or extend from time to time the maturity of all or any part of the Obligations, and (vi) take or fail to take any action under this Agreement or against any one or more Persons obligated under the Obligations. The Borrower hereby waives and releases all claims and defenses against the Agent and/or the Lenders, respectively, with respect to the payment of the or enforcement of the Obligations and the Agent's rights in the Collateral on account of any of the foregoing.

Waiver; Cumulative Remedies. Subject to the rights of the Lenders Purchasers under the Amended Purchase Agreement and Restated Credit subject to the Intercreditor Agreement, and the Debtors under 15 154 the Security Documents, the Agent may (acting at the direction of the Required Holders) may, on behalf of the LendersPurchasers: (a) at any time and from time to time, execute and deliver to the Borrower Debtors a written instrument waiving, on such terms and conditions as the Agent, Agent may specify in such written instrument, any of the requirements of this Agreement or any Event of Default hereunder and its consequences, provided, that any such waiver shall be for such period and subject and limited to such conditions as shall be specified in any such instrument and to the instance for which the waiver is given. In the case of any such waiver, the Borrower Debtors and the Agent, Agent shall be restored to their former positions prior to such Event of Default and shall have the same rights as they had hereunder. The rights, powers and remedies provided in this Agreement are cumulative, may be exercised concurrently or separately, may be exercised from time to time and in such order as the Agent, Agent shall determine, and are in addition to, and not exclusive of, rights, powers and remedies provided by applicable Laws.; (b) after an Event of Default proceed against the Borrower and/or any of the Collateral with or without proceeding against any the Debtors or other Person obligated under any of the Secured Obligations.; (c) after an Event of Default proceed against the Borrower with or without proceeding under any of the Loan Documents or any other agreement. (d) without reducing or impairing the obligation Secured Obligations of the Borrower Debtors and without notice, release or compromise with any guarantor or other Person liable for all or any part of the Secured Obligations.; (ed) without reducing or impairing the obligations Secured Obligations of the Borrower Debtors and without notice thereof: (i) fail to perfect the Lien in any or all Collateral or to release any or all of the Collateral or to accept substitute Collateral, (ii) allow all or any of the Secured Obligations to arise after the date of this Agreement, (iii) waive any provision of this Agreement, (iv) exercise or fail to exercise rights of set-off or other rights, (v) accept partial payments or extend from time to time the maturity of all or any part of the Secured Obligations, and (vi) take or fail to take any action under this Agreement or against any one or more Persons obligated under the Secured Obligations. The Borrower Debtors hereby waives waive and releases release all claims and defenses against the Agent and the Purchasers and/or the Lenders, respectively, with respect to the payment of or the or enforcement of the Secured Obligations and the Agent's rights in the Collateral on account of any of the foregoing, except as to the Agent's and the Purchasers' gross negligence or willful misconduct.

Waiver; Cumulative Remedies. Subject to the rights of the Lenders Secured Parties under the Amended Intercreditor Agreement and Restated Credit Agreementthe applicable Debtor under the Security Documents and the Transaction Documents, the Collateral Agent may may, on behalf of the LendersSecured Parties: (a) at any time and from time to time, execute and deliver to the Borrower Debtors a written instrument waiving, on such terms and conditions as the Agent, Collateral Agent may specify in such written instrument, any of the requirements of this Agreement or any Event of Default hereunder and its consequences, provided, that any such waiver shall be for such period and subject and limited to such conditions as shall be specified in any such instrument and to the instance for which the waiver is given. In the case of any such waiver, each of the Borrower Debtor and the Agent, Collateral Agent shall be restored to their former positions prior to such Event of Default and shall have the same rights as they had hereunder. The rights, powers and remedies provided in this Agreement are cumulative, may be exercised concurrently or separately, may be exercised from time to time and in such order as the Agent, Collateral Agent shall determine, and are in addition to, and not exclusive of, rights, powers and remedies provided by applicable Laws. (b) after an Event of Default proceed against the Borrower and/or any of the Collateral with or without proceeding against any Person the Debtors or other Persons obligated under any of the Secured Obligations.; (c) after an Event of Default proceed against the Borrower with or without proceeding under any of the Loan Documents or any other agreement. (d) without reducing or impairing the obligation Secured Obligations of the Borrower Debtors and without notice, release or compromise with any guarantor or other Person liable for all or any part of the Secured Obligations.; (ed) without reducing or impairing the obligations Secured Obligations of the Borrower Debtors and without notice thereof: (i) fail to perfect the Lien in any or all Collateral or to release any or all of the Collateral or to accept substitute Collateral, (ii) allow all or any of the Secured Obligations to arise after the date of this Agreement, (iii) waive any provision of this Agreement, (iv) exercise or fail to exercise rights of set-off or other rights, (v) accept partial payments or extend from time to time the maturity of all or any part of the Secured Obligations, and (vi) take or fail to take any action under this Agreement or against any one or more Persons obligated under the Secured Obligations. The Borrower Each of the Debtors hereby waives and releases all claims and defenses against the Collateral Agent and the Secured Parties and/or the Lenders, respectively, with respect to the payment of or the or enforcement of the Secured Obligations and the Collateral Agent's rights in the Collateral on account of any of the foregoing, except as to the Collateral Agent's and the Secured Parties' gross negligence or willful misconduct.