Common use of Waiver or Amendment Clause in Contracts

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaser. No failure to exercise or delay in exercising, by Purchaser, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at law or in equity. No notice or demand on Company in any case shall, in and of itself, entitle Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser to any other or further action in any circumstances without notice or demand. No consent or waiver, express or implied, by Purchaser to or of any breach or default by Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company hereunder. Failure on the part of Purchaser to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaser. No failure to exercise or delay in exercising, by Purchaser, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at law or in equity. No notice or demand on Company in any case shall, in and of itself, entitle Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser to any other or further action in any circumstances without notice or demand. No consent or waiver, express or implied, by Purchaser to or of any breach or default by Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company hereunder. Failure on the part of Purchaser to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes contained shall be effective except with unless set forth in a writing signed by Lender, and any such waiver or amendment shall be effective only to the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes extent set forth in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchasersuch writing. No failure to exercise or delay in exercising, by Purchasera Lender or any holder of the Subordinated Note, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company Borrower in any case shall, in and of itself, entitle Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Lender to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Lender to or of any breach or default by Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company Borrower hereunder. Failure on the part of Purchaser Lender to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Lender of its their rights hereunder or impair any rights, powers or remedies on account of any breach or default by CompanyBorrower.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with unless in writing and signed by the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaserparties hereto. No failure to exercise or delay in exercising, by Purchasera Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on the Company in any case shall, in and of itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser the Purchasers to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of Purchaser the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser the Purchasers of its their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes contained shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend holders of not less than 67% in aggregate principal amount (excluding any Subordinated Notes held by Borrower or supplement any of its Affiliates) of the Subordinated Notes without at the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchasertime outstanding. No failure to exercise or delay in exercising, by Purchasera Lender or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company Borrower in any case shall, in and of itself, entitle Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Lenders to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Lenders to or of any breach or default by Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company Borrower hereunder. Failure on the part of Purchaser Lenders to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Lenders of its their rights hereunder or impair any rights, powers or remedies on account of any breach or default by CompanyBorrower.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes contained shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend holders of not less than 67% in aggregate principal amount (excluding any Subordinated Notes held by the Borrower or supplement any of its affiliates) of the Subordinated Notes without at the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchasertime outstanding. No failure to exercise or delay in exercising, by Purchasera Lender or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company Borrower in any case shall, in and of itself, entitle Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Lenders to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Lenders to or of any breach or default by Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company Borrower hereunder. Failure on the part of Purchaser Lenders to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Lenders of its their rights hereunder or impair any rights, powers or remedies on account of any breach or default by CompanyBorrower.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement or in the Subordinated Notes Note shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of PurchaserNoteholder. No failure to exercise or delay in exercising, by Purchaser, exercising of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on the Company in any case shall, in and of itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser the Noteholder to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations obligation of the Company hereunder. Failure on the part of Purchaser the Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser the Noteholder of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with unless in writing and signed by the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaserparties hereto. No failure to exercise or delay in exercising, by Purchasera Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on the Company in any case shall, in and of itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser the Purchasers to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of Purchaser the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser the Purchasers of its their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement or in the Subordinated Notes Note shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of PurchaserNoteholder. No failure to exercise or delay in exercising, by Purchaserany holder of the Subordinated Note, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company Issuer in any case shall, in and of itself, entitle Company Issuer to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Noteholder to or of any breach or default by Company Issuer in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company Issuer hereunder. Failure on the part of Purchaser Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Noteholder of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by CompanyIssuer.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes contained shall be effective except with unless set forth in a writing signed by Lender, and any such waiver or amendment shall be effective only to the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes extent set forth in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchasersuch writing. No failure to exercise or delay in exercising, by PurchaserLender or any holder of the Subordinated Note, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company Borrower in any case shall, in and of itself, entitle Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Lender to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Lender to or of any breach or default by Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company Borrower hereunder. Failure on the part of Purchaser Lender to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Lender of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by CompanyBorrower.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes contained shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend Holders of not less than two-thirds of the aggregate principal amount (excluding any Subordinated Notes held by Borrower or supplement any of its affiliates) of the Subordinated Notes without at the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchasertime outstanding. No failure to exercise or delay in exercising, by Purchasera Lender or any Holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company Borrower in any case shall, in and of itself, entitle Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Lenders to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Lenders to or of any breach or default by Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company Borrower hereunder. Failure on the part of Purchaser Lenders to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure 18 continues, shall not constitute a waiver by Purchaser Lenders of its their rights hereunder or impair any rights, powers or remedies on account of any breach or default by CompanyBorrower.

Waiver or Amendment. No Except as may apply to any particular waiving or consenting Noteholder, no waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with the prior written consent of Purchaser. Notwithstanding at least fifty percent (50%) of the foregoing, aggregate principal amount (excluding any Subordinated Notes held by the Company may amend or supplement any of its Affiliates) of the Subordinated Notes without at the consent of Purchaser to cure any ambiguitytime outstanding. The terms, defect or inconsistency or to provide for uncertificated provisions, conditions, covenants and agreements set forth in the Subordinated Notes and Indenture may only be waived or amended in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect accordance with the rights of Purchaser. terms thereof.. No failure to exercise or delay in exercising, by Purchasera Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on the Company in any case shall, in and of itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchaser to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by the Purchaser to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchaser to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchaser of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement or in the Subordinated Notes shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, holders of not less than 80% in aggregate principal amount (excluding any Subordinated Notes held by Company may amend or supplement any of parent corporations or subsidiaries) of the Subordinated Notes without at the time outstanding; provided, however, that any amendment to this Section 7.2 and any amendment that would decrease the rate of interest applicable to the Subordinated Notes, change the Maturity Date or the date of any interest payment due on the Subordinated Notes, change the priority of the Subordinated Notes as to the right to payment, or change the currency in which the principal of and interest on the Subordinated Notes is to be paid shall only be effective with the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated the holders of all of the Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaserthen outstanding. No failure to exercise or delay in exercising, by Purchasera Noteholder or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company in any case shall, in and of itself, entitle Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Noteholder to or of any breach or default by Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company hereunder. Failure on the part of Purchaser Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Noteholder of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant covenant, or agreement herein or in the Subordinated Notes shall be effective except with the prior written consent unless in writing and signed by Company and by each Purchaser against whom enforcement of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchasersuch amendment is sought. No failure to exercise or delay in exercising, by Purchaser, of any right, power power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power power, or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice to or demand on Company in any case shall, in and of itself, entitle Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Purchasers to or of any breach or default by Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company hereunder. Failure on the part of Purchaser Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Purchasers of its their rights hereunder or impair any rights, powers or remedies on account of any breach or default by Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement or in the Subordinated Notes shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, holders of more than 50% in aggregate principal amount (excluding any Subordinated Notes held by Company may amend or supplement any of parent corporations or subsidiaries) of the Subordinated Notes without at the time outstanding; provided, however, that any amendment to this Section 7.2 and any amendment that would decrease the rate of interest applicable to the Subordinated Notes, change the Maturity Date or the date of any interest payment due on the Subordinated Notes, change the priority of the Subordinated Notes as to the right to payment, or change the currency in which the principal of and interest on the Subordinated Notes is to be paid shall only be effective with the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated the holders of all of the Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaserthen outstanding. No failure to exercise or delay in exercising, by Purchasera Noteholder, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company in any case shall, in and of itself, entitle Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Noteholder to or of any breach or default by Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company hereunder. Failure on the part of Purchaser Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Noteholder of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with unless in writing and signed by all of the prior written consent parties hereto. Waiver or amendment of Purchaser. Notwithstanding any term of the foregoing, Company may amend or supplement Indenture and/or the Subordinated Notes without Note shall be governed by the consent terms of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of PurchaserIndenture. No failure to exercise or delay in exercising, by Purchasera Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on the Company in any case shall, in and of itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser the Purchasers to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of Purchaser to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement, the Subordinated Notes, or in the any Other Subordinated Notes Note Purchase Agreement shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend holders of not less than 75% in aggregate principal amount (excluding any Subordinated Notes held by Issuer or supplement any of parent corporations or subsidiaries) of the Subordinated Notes without at the time outstanding; provided, however, that any amendment to this Section 8.2 and any amendment that would decrease the rate of interest applicable to the Subordinated Notes, change the Maturity Date or the date of any interest payment due on the Subordinated Notes, change the priority of the Subordinated Notes as to the right to payment, or change the currency in which the principal of and interest on the Subordinated Notes is to be paid shall be effective except with the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated the holders of all of the Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaserthen outstanding. No failure to exercise or delay in exercising, by Purchasera Noteholder or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company Issuer in any case shall, in and of itself, entitle Company Issuer to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Noteholder to or of any breach or default by Company Issuer in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company Issuer hereunder. Failure on the part of Purchaser Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Noteholder of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by CompanyIssuer.

Waiver or Amendment. Failure on the part of the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with unless in writing and signed by all of the prior written consent parties hereto. Waiver or amendment of Purchaser. Notwithstanding any term of the foregoing, Company may amend or supplement Indenture and/or the Subordinated Notes without Note shall be governed by the consent terms of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of PurchaserIndenture. No failure to exercise or delay in exercising, by Purchasera Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on the Company in any case shall, in and of itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser the Purchasers to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of Purchaser to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement or in the Subordinated Notes shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, holders of not less than a majority in aggregate principal amount (excluding any Subordinated Notes held by Company may amend or supplement any of parent corporations or subsidiaries) of the Subordinated Notes without at the time outstanding; provided, however, that any amendment to this Section 7.2 and any amendment that would decrease the rate of interest applicable to the Subordinated Notes, change the Maturity Date or the date of any interest payment due on the Subordinated Notes, change the priority of the Subordinated Notes as to the right to payment, or change the currency in which the principal of and interest on the Subordinated Notes is to be paid shall only be effective with the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated the holders of all of the Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaserthen outstanding. No failure to exercise or delay in exercising, by Purchasera Noteholder or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company in any case shall, in and of itself, entitle Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Noteholder to or of any breach or default by Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company hereunder. Failure on the part of Purchaser Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Noteholder of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement, the Subordinated Notes, or in the any other Subordinated Notes Note Purchase Agreement shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend holders of at least 51% in aggregate principal amount (excluding any Subordinated Notes held by Issuer or supplement any of parent corporations or subsidiaries) of the Subordinated Notes without at the time outstanding; provided, however, that any amendment to this Section 8.3 and any amendment that would decrease the rate of interest applicable to the Subordinated Notes, change the Maturity Date or the date of any interest payment due on the Subordinated Notes, change the priority of the Subordinated Notes as to the right to payment, or change the currency in which the principal of and interest on the Subordinated Notes is to be paid shall only be effective with the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated the holders of all of the Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaserthen outstanding. No failure to exercise or delay in exercising, by Purchasera Noteholder or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company Issuer in any case shall, in and of itself, entitle Company Issuer to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Noteholder to or of any breach or default by Company Issuer in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company Issuer hereunder. Failure on the part of Purchaser Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Noteholder of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by CompanyIssuer.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with unless in writing and signed by the prior written consent parties hereto, subject to any contrary provisions of Purchaser. Notwithstanding the foregoing, Company may amend or supplement Section 17(b) of the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaser. No failure to exercise or delay in exercising, by Purchaserthe Purchaser or any holder of the Subordinated Note, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on the Company in any case shall, in and of itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchaser to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by the Purchaser to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchaser to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchaser of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes contained shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend Holders of not less than two-thirds of the aggregate principal amount (excluding any Subordinated Notes held by Borrower or supplement any of its affiliates) of the Subordinated Notes without at the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchasertime outstanding. No failure to exercise or delay in exercising, by Purchasera Lender or any Holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company Borrower in any case shall, in and of itself, entitle Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Lenders to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Lenders to or of any breach or default by Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company Borrower hereunder. Failure on the part of Purchaser Lenders to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Lenders of its their rights hereunder or impair any rights, powers or remedies on account of any breach or default by CompanyBorrower.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with unless in writing and signed by the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaserparties hereto. No failure to exercise or delay in exercising, by Purchaser, any party hereto of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at law or in equity. No notice or demand on Company a party in any case shall, in and of itself, entitle Company such party to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser the other party to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser a party to or of any breach or default by Company the other party in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company such party hereunder. Failure on the part of Purchaser a party to complain of any the acts or failure to act of the other party, or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser such party of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by Companythe other party. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or equity.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaser. No failure to exercise or delay in exercising, by Purchaser, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at law or in equity. No notice or demand on Company in any case shall, in and of itself, entitle Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser to any other or further action in any circumstances without notice or demand. No consent or waiver, express or implied, by Purchaser to or of any breach or default by Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company hereunder. Failure on the part of Purchaser to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained or in the Subordinated Senior Notes shall be effective except with the prior written consent of Purchaser. Notwithstanding Borrower and the foregoing, Company may amend holders of not less than sixty-seven percent (67%) in aggregate principal amount (excluding any Senior Notes held by the Borrower or supplement any of its Affiliates) of the Subordinated Senior Notes without at the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchasertime outstanding. No failure to exercise or delay in exercising, by Purchasera Purchaser or any holder of the Senior Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company Borrower in any case shall, in and of itself, entitle Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Purchasers to or of any breach or default by Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company Borrower hereunder. Failure on the part of Purchaser Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Purchasers of its their rights hereunder or impair any rights, powers or remedies on account of any breach or default by CompanyBorrower.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement, the Subordinated Notes, or in the any Other Subordinated Notes Note Purchase Agreement shall be effective except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend holders of not less than a majority in aggregate principal amount (excluding any Subordinated Notes held by Issuer or supplement any of parent corporations or subsidiaries) of the Subordinated Notes without at the time outstanding; provided, however, that any amendment to this Section 7.2 and any amendment that would decrease the rate of interest applicable to the Subordinated Notes, change the Maturity Date or the date of any interest payment due on the Subordinated Notes, change the priority of the Subordinated Notes as to the right to payment, or change the currency in which the principal of and interest on the Subordinated Notes is to be paid shall only be effective with the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated the holders of all of the Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaserthen outstanding. No failure to exercise or delay in exercising, by Purchasera Noteholder or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on Company Issuer in any case shall, in and of itself, entitle Company Issuer to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser Noteholder to or of any breach or default by Company Issuer in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of Company Issuer hereunder. Failure on the part of Purchaser Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser Noteholder of its rights hereunder or impair any rights, powers or remedies on account of any breach or default by CompanyIssuer.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective except with unless in writing and signed by the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the rights of Purchaserparties hereto. No failure to exercise or delay in exercising, by Purchasera Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at by law or in equity. No notice or demand on the Company in any case shall, in and of itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Purchaser the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, express expressed or implied, by Purchaser the Purchasers to or of any breach or default by the Company in the performance of its Purchaser’s obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of Purchaser the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by Purchaser the Purchasers of its their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.