Common use of No Waivers; Amendments Clause in Contracts

No Waivers; Amendments. (a) No failure or delay of any Fronting Bank, any Agent or any Lender in exercising any power or right under any Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Fronting Banks and the Lenders under the Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Except as may be otherwise expressly provided herein, no waiver of any provision of this Agreement nor any consent to any departure by any Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by the Required Lenders (unless otherwise specified herein), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on the Borrowers in any case shall entitle the Borrowers to any other or further notice or demand in similar or other circumstances. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any Agent, any Lender or any Fronting Bank may have had notice or knowledge of such Default at the time.

No Waivers; Amendments. (a) No failure or delay of any Fronting Bank, any the Administrative Agent or of any Lender Bank in exercising any power or right under any Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the AgentsAdministrative Agent, the Fronting Banks and holders of the Lenders under the Loan Documents Notes hereunder are cumulative and not exclusive of any rights or remedies which they would otherwise have. Except as may be otherwise expressly provided herein, no No waiver of any provision of this Agreement or the Notes nor any consent to any departure by any Borrower the Company therefrom shall in any event be effective unless the same shall be in writing and signed permitted by the Required Lenders paragraph (unless otherwise specified herein)b) below, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on the Borrowers Company in any case shall entitle the Borrowers Company to any other or further notice or demand in similar or other circumstances. Without limiting the generality Each holder of any of the foregoingNotes shall be bound by any amendment, the making of a Loan modification, waiver or issuance of a Letter of Credit consent authorized as provided herein, whether or not such Note shall not be construed as a have been marked to indicate such amendment, modification, waiver of any Default, regardless of whether any Agent, any Lender or any Fronting Bank may have had notice or knowledge of such Default at the timeconsent.

No Waivers; Amendments. (a) No failure or delay of any the Administrative Agents, the Servicing Agent, the Fronting Bank, any Agent Bank or any Lender in exercising any power or right under any Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Administrative Agents, the Servicing Agent, the Fronting Banks Bank and the Lenders under the Loan Documents hereunder are cumulative and not exclusive of any rights or remedies which they would otherwise have. Except as may be otherwise expressly provided herein, no waiver of any provision of this Agreement nor any consent to any departure by any the Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by the Required Lenders (unless otherwise specified herein), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on the Borrowers Borrower in any case shall entitle the Borrowers Borrower to any other or further notice or demand in similar or other circumstances. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any the Administrative Agents, the Servicing Agent, any Lender or any the Fronting Bank may have had notice or knowledge of such Default at the time.

No Waivers; Amendments. (a) No failure or delay of any Fronting Bank, any the Administrative Agent or any Lender in exercising any power or right under any Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Fronting Banks Administrative Agent and the Lenders under the Loan Documents hereunder are cumulative and not exclusive of any rights or remedies which they would otherwise have. Except as may be otherwise expressly provided herein, no waiver of any provision of this Agreement nor any consent to any departure by any Borrower or Millennium therefrom shall in any event be effective unless the same shall be in writing and signed by the Required Lenders or by the Administrative Agent on behalf of the Required Lenders (unless otherwise specified herein), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on the Borrowers any Borrower or Millennium in any case shall entitle the Borrowers such Borrower or Millennium to any other or further notice or demand in similar or other circumstances. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any Agent, any Lender or any Fronting Bank may have had notice or knowledge of such Default at the time.

No Waivers; Amendments. (a) No failure or delay of any Fronting Bank, any Agent or any Lender in exercising any power or right under any Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance 95 of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Fronting Banks and the Lenders under the Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Except as may be otherwise expressly provided herein, no waiver of any provision of this Agreement nor any consent to any departure by any the Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by the Required Lenders (unless otherwise specified herein), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on the Borrowers Borrower in any case shall entitle the Borrowers Borrower to any other or further notice or demand in similar or other circumstances. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any Agent, any Lender or any Fronting Bank may have had notice or knowledge of such Default at the time.

No Waivers; Amendments. (a) No failure or delay of any Fronting Bank, any the Administrative Agent or any Lender Bank in exercising any power or right under any Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Fronting Banks Administrative Agent and the Lenders under the Loan Documents Banks hereunder are cumulative and not exclusive of any rights or remedies which they the Administrative Agent or any such Bank would otherwise have. Except as may be otherwise No notice or demand on the Borrower shall entitle the Borrower to any other or further notice or demand in similar or other circumstances; provided that the foregoing shall not limit the right of the Borrower to any notice expressly provided for herein. No modification, no amendment or waiver of any provision of this Agreement or any of the Notes nor any consent to any departure by any of the Borrower therefrom shall in any event be effective unless the same shall be in writing and signed by the Required Lenders (unless otherwise specified herein), Banks and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice Any such modification, amendment, waiver or demand on consent, so given, shall be effective to bind all the Borrowers in any case shall entitle the Borrowers to any other Banks; provided, that no such modification, amendment, waiver or further notice or demand in similar or other circumstances. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not consent may be construed as a waiver of any Default, regardless of whether any Agent, any Lender or any Fronting Bank may have had notice or knowledge of such Default at the time.made which will 152

No Waivers; Amendments. (a) No failure or delay of any Fronting BankAgent, any Agent Issuing Bank or any Lender in exercising any power or right under any Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Fronting Issuing Banks and the Lenders under the Loan Documents hereunder are cumulative and not exclusive of any rights or remedies which they would otherwise have. Except as may be otherwise expressly provided herein, no waiver of any provision of this Agreement nor any or consent to any departure by any Borrower Credit Party therefrom shall in any event be effective unless the same shall be in writing and signed permitted by the Required Lenders paragraph (unless otherwise specified herein)b) of this Section, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on the Borrowers in any case shall entitle the Borrowers to any other or further notice or demand in similar or other circumstances. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any Agent, any Lender Issuing Bank or any Fronting Bank Lender may have had notice or knowledge of such Default at the time. No notice or demand on any Credit Party in any case shall entitle such Credit Party to any other or further notice or demand in similar or other circumstances.

No Waivers; Amendments. (a) No failure or delay of any Fronting Bank, any the Administrative Agent or any Lender in exercising any power or right under any Loan Document hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The rights and remedies of the Agents, the Fronting Banks Administrative Agent and the Lenders hereunder and under the other Loan Documents are cumulative and not exclusive of any rights or remedies which they would otherwise have. Except as may be otherwise expressly provided herein, no waiver of any provision of this Agreement nor any consent to any departure by the Borrower or any Borrower Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent on behalf of the Required Lenders (unless otherwise specified herein), and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice or demand on the Borrowers Borrower or any Guarantor in any case shall entitle the Borrowers Borrower or such Guarantor to any other or further notice or demand in similar or other circumstances. Without limiting the generality of the foregoing, the making of a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default, regardless of whether any Agent, any Lender or any Fronting Bank may have had notice or knowledge of such Default at the time.