Common use of Limited Effect of Agreement Clause in Contracts

Limited Effect of Agreement. Except as expressly provided in this Agreement, the Credit Agreement and each other Loan Document shall continue to be, and shall remain, in full force and effect. This Agreement shall not be deemed or otherwise construed: to be a waiver of, or consent to or a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document; to prejudice any other right or rights that the Agent or the Banks, or any of them, may now have or may have in the future under or in connection with the Credit Agreement or the any Loan Documents, as such documents may be amended, restated or otherwise modified from time to time; to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with any Credit Party or any other person, firm or corporation with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the other Loan Documents or any rights or remedies arising in favor of the Banks or the Agent, or any of them, under or with respect to any such documents; or to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among any Credit Party, on the one hand, and the Agent or any other Bank, on the other hand. Neither the requirements of good faith and fair dealing nor any other theory, concept or argument shall require any Bank to impart upon any Credit Party any further or greater benefits; to suffer any prejudice or impairment of any kind whatsoever; or to tolerate any noncompliance with this Agreement and the other Loan Documents, because each Bank has bargained for and given valuable consideration for this Agreement and the other Loan Documents and its creation of express, explicit and objective limits of what benefits each Bank is willing to provide to the Credit Parties, and what, in return, the Credit Parties are required to provide to each Bank. This Agreement and the other Loan Documents provide a clear statement of each Bank's requirements and obligations and creates an agreed upon standard of performance upon which each Bank is entitled to rely in exercising and enforcing its respective remedies under the Loan Documents.

Limited Effect of Agreement. Except as expressly provided in this Agreement, the Credit Agreement Loan Agreements, Notes and each the other Loan Document Documents shall continue to be, and shall remain, in full force and effect. This Agreement shall not be deemed or otherwise construed: construed (a) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of the Credit Agreement Loan Agreements, Notes or any of the other Loan DocumentDocuments except as specifically provided herein; (b) to prejudice any other right or on rights that the Agent or the Banks, or any of them, may Lender now have has or may have in the future under or in connection with the Credit Agreement Loan Agreements, Notes or any of the any other Loan Documents, as any such documents documents, agreements or instruments may be amended, modified, supplemented or restated or otherwise modified from time to time; (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with any Credit Party Obligor or any other person, firm or corporation person with respect to any waiver, amendment, modification or any other change to the Credit Agreement Loan Agreements, Notes or any of the other Loan Documents or any rights or remedies arising in favor of the Banks or the Agent, or any of themLender, under or with respect to any such documents, agreements or instruments; or (d) to be a waiver of, or consent to or a modification or amendment of, of any other term or condition of any other agreement by and among any Credit Party, on the one hand, Obligor and the Agent or any other Bank, on the other handLender. Neither the requirements of good faith and fair dealing dealing, nor any other theory, concept or argument shall require any Bank Lender to impart upon any Credit Party Obligor any further or greater benefits; , to suffer any prejudice or impairment of any kind whatsoever; , or to tolerate any noncompliance with this Agreement and Agreement, the Loan Agreements, Notes or any of the other Loan Documents, because each Bank Lender has bargained for and given valuable consideration for this Agreement Agreement, the Loan Agreements, Notes and the other Loan Documents Documents, and its Lender's creation of express, explicit and objective limits of what benefits each Bank Lender is willing to provide to the Credit PartiesObligors, and what, in return, return the Credit Parties Obligors are required to provide to each BankLender. This Agreement Agreement, the Loan Agreements, Notes and the other Loan Documents provide a clear statement of each Bank's the requirements and obligations of Lender and creates an agreed upon standard of performance upon which each Bank Lender is entitled to rely in exercising and enforcing its respective rights and remedies under this Agreement, the Loan Agreements, Notes or any of the other Loan Documents.

Limited Effect of Agreement. Except as expressly provided in this Agreement, the Credit Agreement Agreement, INCLUDING WITHOUT LIMITATION PROVISIONS FOR ARBITRATION AND WAIVER OF JURY TRIAL OF SECTIONS 13.5 AND 13.6, and each other Loan Document shall continue to be, and shall remain, in full force and effect. This Agreement shall not be deemed or otherwise construed: to be a waiver of, or consent to or a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan Document; to prejudice any other right or rights that the Agent or the BanksLenders, or any of them, may now have or may have in the future under or in connection with the Credit Agreement or the any Loan Documents, as such documents may be amended, restated or otherwise modified from time to time; to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with any Credit Party or any other person, firm or corporation with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the other Loan Documents or any rights or remedies arising in favor of the Banks Lenders or the Agent, or any of them, under or with respect to any such documents; or to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among any Credit Party, on the one hand, and the Agent or any other BankLender, on the other hand. Neither the requirements of good faith and fair dealing nor any other theory, concept or argument shall require any Bank Lender to impart upon any Credit Party any further or greater benefits; to suffer any prejudice or impairment of any kind whatsoever; or to tolerate any noncompliance with this Agreement and the other Loan Documents, because each Bank Lender has bargained for and given valuable consideration for this Agreement and the other Loan Documents and its creation of express, explicit and objective limits of what benefits each Bank Lender is willing to provide to the Credit Parties, and what, in return, the Credit Parties are required to provide to each BankLender. This Agreement and the other Loan Documents provide a clear statement of each BankLender's requirements and obligations and creates an agreed upon standard of performance upon which each Bank is entitled to rely in exercising and enforcing its respective remedies under the Loan Documents.of

Limited Effect of Agreement. Except as expressly provided in this AgreementNotwithstanding anything herein to the contrary, the Credit Agreement and each other Loan Document Transaction Documents are, shall continue to be, and shall remain, remain in full force and effecteffect except as expressly provided herein and in the Transaction Documents and, for the avoidance of doubt, shall not be deemed to be modified in any respect as a result of this Agreement and the transfer of the Transferred Collateral hereunder, except as otherwise expressly set forth herein and in the Transaction Documents. This Except as expressly provided herein, this Agreement shall not be deemed or otherwise construed: (a) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of the Credit Agreement or any other Loan DocumentTransaction Documents; (b) to prejudice any other right or rights that the Agent or the Banks, or any of them, may and Secured Parties now have or may have in the future under or in connection with the Credit Agreement or the any Loan Transaction Documents, as such documents may be amended, restated or otherwise modified from time to time; (c) to be a commitment or any other undertaking or expression of any willingness to engage in any further discussion with any Credit Party the Company or Sovryn or any other person, firm or corporation Person with respect to any waiver, amendment, modification or any other change to the Credit Agreement or the other Loan Transaction Documents or any rights or remedies arising in favor of the Banks or the Agent, or any of them, Agent and Secured Parties under or with respect to any such documentsof them; or (d) to be a waiver of, or consent to or a modification or amendment of, any other term or condition of any other agreement by and among any Credit Partybetween the Obligors, on the one hand, and the Agent or any other BankAgent, on the other handhand (other than the reduction of the monetary obligations owed under the Transaction Documents as provided in Section 7 herein). Neither the requirements of good faith and fair dealing nor any other theory, concept or argument shall require any Bank the Agent to impart upon any Credit Party the Company or Sovryn any further or greater benefits; , to suffer any prejudice or impairment of any kind whatsoever; , or to tolerate any noncompliance with this Agreement and or the other Loan Transaction Documents, because each Bank the Agent has bargained for and given valuable consideration for this Agreement Agreement, the Transaction Documents and the other Loan Documents documents evidencing and/or securing the Notes and its their creation of express, explicit and objective limits of what benefits each Bank the Agent is willing to provide to the Credit Parties, Company and Sovryn and what, in return, the Credit Parties Company and Sovryn are required to provide to each Bankthe Agent. This Agreement Agreement, the Transaction Documents, and the other Loan Documents instruments evidencing and/or securing the Obligations provide a clear statement of each Bank's the Agent’s requirements and obligations and creates an agreed upon standard of performance upon which each Bank the Agent is entitled to rely in exercising and enforcing its respective remedies under the Loan Documents.thereunder. EXECUTION VERSION