Common use of Reference to and Effect on the Note Agreement Clause in Contracts

Reference to and Effect on the Note Agreement. 4.1 This Fifth Amendment shall be construed in connection with and is a part of the Note Agreement and the Notes and except as modified and expressly amended by this Fifth Amendment, all terms, conditions and covenants contained in the Note Agreement and the Notes are hereby ratified and confirmed and shall be and remain in full force and effect. 4.2 Except as expressly provided herein, the execution, delivery and effectiveness of this Fifth Amendment shall not operate as a waiver of: (i) any right, power or remedy of the Noteholders under the Note Agreement or the Notes or any of the documents or agreements executed and delivered in connection therewith, or (ii) any Event of Default under the Note Agreement.

Reference to and Effect on the Note Agreement. 4.1 This Fifth Fourth Amendment shall be construed in connection with and is a part of the Note Agreement and the Notes and except as modified and expressly amended by this Fifth Fourth Amendment, all terms, conditions and covenants contained in the Note Agreement and the Notes are hereby ratified and confirmed and shall be and remain in full force and effect. 4.2 Except as expressly provided herein, the execution, delivery and effectiveness of this Fifth Fourth Amendment shall not operate as a waiver of: (i) any right, power or remedy of the Noteholders under the Note Agreement or the Notes or any of the documents or agreements executed and delivered in connection therewith, or (ii) any Event of Default under the Note Agreement.