Common use of No Waiver, etc Clause in Contracts

No Waiver, etc. Debtor waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral received or delivered or other action taken in reliance thereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; all in such manner and at such time or times as Secured Party may deem advisable. Secured Party shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof. Secured Party shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Party. No delay or omission on the part of Secured Party in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party deems expedient.

No Waiver, etc. Debtor Each of the Companies waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor each of the Companies assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereofss.9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party deems expedient.future

No Waiver, etc. Debtor The Grantor waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor the Grantor assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person Person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof9(b). Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor The Company waives demand, notice, protest, notice -------------- of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor the Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereofss.9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor Each Company waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor each Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof8.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor Each Grantor waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor each Grantor assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Collateral Agent may deem advisable. Secured Party The Collateral Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof13(e). Secured Party The Collateral Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partyin accordance with Section 13(e) of the Note and Warrant Purchase Agreement. No delay or omission on the part of Secured Party the Collateral Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Collateral Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Collateral Agent deems expedient.

No Waiver, etc. Debtor waives The Borrowers waive demand, notice, protest, notice of acceptance of this Security Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor assents the Borrowers assent to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section §9.2 hereofof this Security Agreement. Secured Party The Agent and the Holders shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent and/or the Holders in accordance with the terms of the Indenture. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor The Guarantor waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor the Guarantor assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereofthis Agreement. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor waives demand, notice, protest, notice of acceptance of this Agreement, notice of leases entered into, loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person Person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as the Secured Party may deem advisable. Secured Party shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior partiesother Persons, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereofsubparagraph 7(b)hereof. Secured Party shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Party. No delay or omission on the part of Secured Party in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of the Secured Party with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party deems expedient.

No Waiver, etc. Debtor Each Company waives demand, noticenotice (except as expressly provided herein or in the Consignment Agreement), protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor each Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereofss.9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Required Institutions. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor waives demandThe failure of Lender to insist upon strict performance of any term, noticecovenant or condition contained herein or in the other Loan Documents shall not be deemed to be a waiver, protestmodification, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral received amendment or delivered estoppel thereof and Borrower or other Person shall not be entitled to rely on such action taken in reliance thereon and all or inaction. Borrower shall not be relieved of or released from its Obligations by reason of (i) the failure of Lender to comply with any request of Borrower to take any action to enforce any of the provisions hereof or any other demands and notices Loan Document, (ii) the release, regardless of consideration, of the whole or any description. With respect to both the Obligations and part of the Collateral, Debtor assents to or of the Guarantor or any extension Person liable for the Debt or postponement of any portion thereof, or (iii) any agreement or stipulation by Lender extending the time of payment or otherwise modifying or supplementing the terms of the Loan Documents. Lender may resort for the payment of the Debt to any Collateral held by Lender in such order and manner as Lender, in its sole and absolute discretion, may elect. Lender may take action to recover the Debt, or any portion thereof, or to enforce any covenant hereof without prejudice to the right of Lender thereafter to recover against the Collateral under the Loan Documents. The rights of Lender under each of the Loan Documents shall be separate, distinct and cumulative and none shall be given effect to the exclusion of the others. No act of Lender shall be construed as an election to proceed under any one provision of any Loan Document to the exclusion of any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; all in such manner and at such time or times as Secured Party may deem advisableprovision. Secured Party shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof. Secured Party Lender shall not be deemed limited exclusively to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Party. No delay or omission on the part of Secured Party in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, herein stated but shall be cumulative entitled to every right and may be exercised singularly, alternatively, successively remedy now or concurrently hereafter afforded at such time law or at such times as Secured Party deems expedient.in equity. 41

No Waiver, etc. Debtor The Company waives demand, notice, protest, notice of --------------- acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor the Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof(S)9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor The Borrower waives demand, notice, protest, -------------- notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor the Borrower assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Lender may deem advisable. Secured Party The Lender shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereofthereof. Secured Party The Lender shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Lender. No delay or omission on the part of Secured Party the Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Lender with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively successfully or concurrently at such time or at such times as Secured Party the Lender deems expedient.

No Waiver, etc. Debtor Each of the Companies waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor each of the Companies assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, thereon nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Lenders. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor Except as specifically required in the Loan Documents, each Assignor waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor each Assignor assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Administrative Agent may deem advisable. Secured Party The Administrative Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof9.2. Secured Party The Administrative Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Administrative Agent. No delay or omission on the part of Secured Party the Administrative Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Administrative Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Administrative Agent deems expedient.

No Waiver, etc. Debtor The Company waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor the Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor The Company waives demand, notice, protest, notice of -------------- acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor the Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising Compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Bank may deem advisable. Secured Party The Bank shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof(S)9.2. Secured Party The Bank shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Bank. No delay or omission on the part of Secured Party the Bank in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Bank with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Bank deems expedient.

No Waiver, etc. Debtor The Company waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor the Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party SECURED PARTY may deem advisable. Secured Party SECURED PARTY shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereofss.9.2. Secured Party SECURED PARTY shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured PartySECURED PARTY. No delay or omission on the part of Secured Party SECURED PARTY in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party SECURED PARTY with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party SECURED PARTY deems expedient.

No Waiver, etc. Debtor Each of the Companies waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Lender Collateral received or delivered or other action taken in reliance thereon and all other demands and notices of any descriptionhereon. With respect to both the Obligations and the Lender Collateral, Debtor each of the Companies assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or Lender Collateral, to any failure to perfect any security interest in any Collateralinterest, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as the Secured Party may deem advisable. The Secured Party shall have no duty as to the collection or protection of the Lender Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof10(b). The Secured Party shall not be deemed to have waived any of its rights upon or under the Obligations or the Lender Collateral unless such waiver shall be in writing and signed by the Secured PartyParty with the written consent of the Agent and the Majority Lenders. No delay or omission on the part of the Secured Party in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of the Secured Party with respect to the Obligations or the Lender Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as the Secured Party deems expedient.

No Waiver, etc. Debtor AmeriKing waives demand, notice, protest, notice of --------------- acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor AmeriKing assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof(S)9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor The Company waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any descriptiondescription except as provided in this Agreement and the Credit Agreement. With respect to both the Obligations and the Collateral, Debtor the Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Bank may deem advisable. Secured Party The Bank shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereofss.9.2. Secured Party The Bank shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Bank. No delay or omission on the part of Secured Party the Bank in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Bank with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Bank deems expedient.

No Waiver, etc. Debtor Except to the extent expressly provided in the Credit Agreement, the Company waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor the Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may reasonably deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof§9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor Each of the Borrowers waives demand, notice, -- ------- --- protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any descriptiondescription (except as provided herein or in the other Loan Documents). With respect to both the Obligations and the Collateral, Debtor each of the Borrowers assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 (S)10.2 hereof. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor AmeriKing Indiana Holdings waives demand, notice, --------------- protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor AmeriKing Indiana Holdings assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof(S)9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor Holdings waives demand, notice, protest, notice of --------------- acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor Holdings assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof(S)9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor The Guarantor waives demand, notice, protest, notice -------------- of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor the Guarantor assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party NMT may deem advisable. Secured Party NMT shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereofthereto. Secured Party NMT shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured PartyNMT. No delay or omission on the part of Secured Party NMT in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party NMT with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party NMT deems expedient.

No Waiver, etc. Debtor The Company waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Guaranteed Obligations and the Collateral, Debtor the Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person Person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof9(b). Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Guaranteed Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Required Lenders. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Guaranteed Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor The Borrower waives demand, notice, protest, notice --------------- of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor the Borrower assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof(S)9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times time as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor Each Company waives demand, notice, protest, notice of --------------- acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor each Company assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof(S)9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor Each of the Companies waives demand, notice, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor each of the Companies assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.

No Waiver, etc. Debtor Indiana LP waives demand, notice, protest, notice of --------------- acceptance of this Agreement, notice of loans made, credit extended, collateral Collateral received or delivered or other action taken in reliance thereon hereon and all other demands and notices of any description. With respect to both the Obligations and the Collateral, Debtor Indiana LP assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of or failure to perfect any security interest in any Collateral, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payment thereon and the settlement, compromising or adjusting of any thereof; , all in such manner and at such time or times as Secured Party the Agent may deem advisable. Secured Party The Agent shall have no duty as to the collection or protection of the Collateral or any income thereon, nor as to the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof as set forth in Section 9.2 hereof(S)9.2. Secured Party The Agent shall not be deemed to have waived any of its rights upon or under the Obligations or the Collateral unless such waiver shall be in writing and signed by Secured Partythe Agent with the consent of the Majority Banks. No delay or omission on the part of Secured Party the Agent in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. All rights and remedies of Secured Party the Agent with respect to the Obligations or the Collateral, whether evidenced hereby or by any other instrument or papers, shall be cumulative and may be exercised singularly, alternatively, successively or concurrently at such time or at such times as Secured Party the Agent deems expedient.