Common use of No Waiver; Limitation on Forbearance Clause in Contracts

No Waiver; Limitation on Forbearance. Each Borrower and Guarantor acknowledges and agrees that, notwithstanding the agreement of the Agent and the Consenting Lenders to refrain from taking Enforcement Actions during the Forbearance Period in respect of the Specified Defaults, except as provided in Section 3.3 below, (a) such agreement shall not constitute a waiver of the occurrence or the continuance of any Default or Event of Default, including any Specified Default, and each Specified Default (and any other Default or Event of Default) which occurs or has occurred shall continue to exist unless and until waived by the Required Lenders or the Lenders, as applicable under the Revolving Credit Agreement, (b) the Agent and the Consenting Lenders have not waived, presently do not intend to waive and may never waive the Specified Defaults, and nothing contained in this Agreement or the transactions contemplated hereby shall be deemed to constitute any such waiver, (c) nothing contained in this Agreement shall be construed to limit or affect the right of the Agent and the Consenting Lenders to bring or maintain during the Forbearance Period any action to enforce or interpret any term or provision of this Agreement, or to file or record instruments of public record (or take other action) to perfect or further protect the liens and security interests granted by the Borrowers or Guarantors to the Agent or the Lenders, (d) such agreement shall not constitute a waiver of any other right or remedy of the Agent or the Consenting Lenders whether under the Other Documents or applicable law and (e) any requirement to provide any notice, demand or request for performance under the Guaranty Obligations shall be tolled during the Forbearance Period.

No Waiver; Limitation on Forbearance. Each Borrower and Guarantor Loan Party acknowledges and agrees that, notwithstanding the agreement of the Administrative Agent and the Consenting Lenders to refrain from taking Enforcement Actions during the Forbearance Period in respect of the Specified Defaults, except as provided in Section 3.3 below, (a) such agreement shall not constitute a waiver of the occurrence or the continuance of any Default or Event of Default, including any Specified Default, and each Specified Default (and any other Default or Event of Default) which occurs or has occurred shall continue to exist unless and until waived by the Required Lenders or the Lenders, as applicable under the Revolving Credit Agreement, (b) the Administrative Agent and the Consenting Lenders have not waived, presently do not intend to waive and may never waive the Specified Defaults, and nothing contained in this Agreement or the transactions contemplated hereby shall be deemed to constitute any such waiver, (c) nothing contained in this Agreement shall be construed to limit or affect the right of the Administrative Agent and the Consenting Lenders to bring or maintain during the Forbearance Period any action to enforce or interpret any term or provision of this Agreement, or to file or record instruments of public record (or take other action) to perfect or further protect the liens and security interests granted by the Borrowers or Guarantors Loan Parties to the Administrative Agent or the Lenders, (d) such agreement shall not constitute a waiver of any other right or remedy of the Administrative Agent or the Consenting Lenders whether under the Other Loan Documents or applicable law and (e) any requirement to provide any notice, demand or request for performance under the Guaranty Obligations Guaranties shall be tolled during the Forbearance Period.

No Waiver; Limitation on Forbearance. Each Borrower and Guarantor Loan Party acknowledges and agrees that, notwithstanding the agreement of the Agent and the Consenting Lenders to refrain from taking Enforcement Actions during the Forbearance Period in respect of the Specified Known Defaults, except as provided in Section 3.3 below, (a) such agreement shall not constitute a waiver of the occurrence or the continuance of any Default or Event of Default, including any Specified Known Default, and each Specified Known Default (and any other Default or Event of Default) which occurs or has occurred shall continue to exist unless and until cured or waived by the Required Lenders or the Lenders, as applicable under the Revolving Credit Agreement, (b) the Agent and the Consenting Lenders have not waived, presently do not intend to waive and may never waive the Specified Known Defaults, and nothing contained in this Agreement or the transactions contemplated hereby shall be deemed to constitute any such waiver, (c) nothing contained in this Agreement shall be construed to limit or affect the right of the Agent and the Consenting Lenders to bring or maintain during the Forbearance Period any action to enforce or interpret any term or provision of this Agreement, or to file or record instruments of public record (or take other action) to perfect or further protect the liens and security interests granted by the Borrowers or Guarantors Loan Parties to the Agent or the Lenders, (d) such agreement shall not constitute a waiver of any other right or remedy of the Agent or the Consenting Lenders whether under the Other Loan Documents or applicable law and (e) any requirement to provide any notice, demand or request for performance under the Guaranty Obligations Guaranties shall be tolled during the Forbearance Period.

No Waiver; Limitation on Forbearance. Each Borrower and Guarantor Loan Party acknowledges and agrees that, notwithstanding the agreement of the Agent and the Consenting Lenders Lender Parties to refrain from taking Enforcement Actions during the Forbearance Period in respect of the Specified Known Defaults, except as provided in Section 3.3 3.4 below, (a) such agreement shall not constitute a waiver of the occurrence or the continuance of any Default or Event of Default, including any Specified Known Default, and each Specified Known Default (and any other Default or Event of Default) which occurs or has occurred shall continue to exist unless and until cured or waived by the Required Lenders or the Lenders, as applicable under the Revolving Credit Agreement, (b) the Agent and the Consenting Lenders Lender Parties have not waived, presently do not intend to waive and may never waive the Specified Known Defaults, and nothing contained in this Agreement or the transactions contemplated hereby shall be deemed to constitute any such waiver, (c) nothing contained in this Agreement shall be construed to limit or affect the right of the Agent and the Consenting Lenders Lender Parties to bring or maintain during the Forbearance Period any action to enforce or interpret any term or provision of this Agreement, or to file or record instruments of public record (or take other action) to perfect or further protect the liens and security interests granted by the Borrowers or Guarantors Loan Parties to the Agent or the Lenders, (d) such agreement shall not constitute a waiver of any other right or remedy of the Agent or the Consenting Lenders Lender Parties whether under the Other Loan Documents or applicable law and (e) any requirement to provide any notice, demand or request for performance under the Guaranty Obligations Guaranties shall be tolled during the Forbearance Period.