Common use of Waivers, Amendment and Remedies Clause in Contracts

Waivers, Amendment and Remedies. No course of dealing by the Subscribers and no failure by the Subscribers to exercise, or delay by the Subscribers in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, remedy or power of the Subscribers. No amendment, modification or waiver of any provision of this Agreement and no consent to any departure by Debtors therefrom shall, in any event, be effective unless contained in a writing signed by the Subscribers, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. The rights, remedies and powers of the Subscribers, not only hereunder, but also under any instruments and agreements evidencing or securing the Obligations and under applicable law are cumulative, and may be exercised by the Subscribers from time to time in such order as the Subscribers may elect.

Waivers, Amendment and Remedies. No course of dealing by the Subscribers Lenders and no failure by the Subscribers Lenders to exercise, or delay by the Subscribers Lenders in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, remedy or power of the SubscribersLenders. No amendment, modification or waiver of any provision of this Agreement and no consent to any departure by Debtors therefrom shall, in any event, be effective unless contained in a writing signed by the SubscribersLenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. The rights, remedies and powers of the SubscribersLenders, not only hereunder, but also under any instruments and agreements evidencing or securing the Obligations and under applicable law are cumulative, and may be exercised by the Subscribers Lenders from time to time in such order as the Subscribers Lenders may elect.