Common use of Waiver or Amendment Clause in Contracts

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein shall be effective unless in writing and signed by the parties hereto. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained shall be effective unless set forth in a writing and signed by Lender, and any such waiver or amendment shall be effective only to the parties heretoextent set forth in such writing. No failure to exercise or delay in exercising, by a Purchaser Lender or any holder of the Subordinated NotesNote, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company Borrower in any case shall, in itself, entitle the Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Lender to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers Lender to or of any breach or default by the Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company Borrower hereunder. Failure on the part of the Purchasers Lender to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Lender of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the CompanyBorrower.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective unless except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in writing and signed by addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the parties heretorights of Purchaser. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated NotesPurchaser, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by at law or in equity. No notice or demand on the Company in any case shall, in and of itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Purchaser to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed express or implied, by the Purchasers Purchaser to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers Purchaser to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Purchaser of their its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein shall be effective unless in writing and signed by except with the parties heretoprior written consent of Purchaser. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated NotesPurchaser, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by at law or in equity. No notice or demand on the Company in any case shall, in and of itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Purchaser to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed express or implied, by the Purchasers Purchaser to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers Purchaser to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Purchaser of their its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained shall be effective unless except with the consent of the holders of not less than 67% in writing and signed aggregate principal amount (excluding any Subordinated Notes held by Borrower or any of its Affiliates) of the parties heretoSubordinated Notes at the time outstanding. No failure to exercise or delay in exercising, by a Purchaser Lender or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company Borrower in any case shall, in itself, entitle the Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Lenders to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers Lenders to or of any breach or default by the Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company Borrower hereunder. Failure on the part of the Purchasers Lenders to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Lenders of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the CompanyBorrower.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein shall be effective unless in writing and signed by the parties hereto. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers to or of any breach or default by the Company in the performance of its Purchaser’s obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained shall be effective unless set forth in a writing and signed by Lender, and any such waiver or amendment shall be effective only to the parties heretoextent set forth in such writing. No failure to exercise or delay in exercising, by a Purchaser Lender or any holder of the Subordinated NotesNote, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company Borrower in any case shall, in itself, entitle the Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Lender to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers Lender to or of any breach or default by the Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company Borrower hereunder. Failure on the part of the Purchasers Lender to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Lender of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the CompanyBorrower.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained or in the Senior Notes shall be effective unless except with the consent of Borrower and the holders of not less than sixty-seven percent (67%) in writing and signed aggregate principal amount (excluding any Senior Notes held by the parties heretoBorrower or any of its Affiliates) of the Senior Notes at the time outstanding. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated Senior Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company Borrower in any case shall, in itself, entitle the Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers to or of any breach or default by the Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company Borrower hereunder. Failure on the part of the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the CompanyBorrower.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein shall be effective unless except with the prior written consent of Purchaser. Notwithstanding the foregoing, Company may amend or supplement the Subordinated Notes without the consent of Purchaser to cure any ambiguity, defect or inconsistency or to provide for uncertificated Subordinated Notes in writing and signed by addition to or in place of certificated Subordinated Notes, or to make any change that does not adversely affect the parties heretorights of Purchaser. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated NotesPurchaser, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by at law or in equity. No notice or demand on the Company in any case shall, in and of itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Purchaser to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed express or implied, by the Purchasers Purchaser to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers Purchaser to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Purchaser of their its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement or the Subordinated Notes shall be effective unless except with the consent of the holders of not less than a majority in writing aggregate principal amount (excluding any Subordinated Notes held by Company or any of parent corporations or subsidiaries) of the Subordinated Notes at the time outstanding; provided, however, that any amendment to this Section 7.2 and signed by any amendment that would decrease the parties heretorate of interest applicable to the Subordinated Notes, change the Maturity Date or the date of any interest payment due on the Subordinated Notes, change the priority of the Subordinated Notes as to the right to payment, or change the currency in which the principal of and interest on the Subordinated Notes is to be paid shall only be effective with the consent of the holders of all of the Subordinated Notes then outstanding. No failure to exercise or delay in exercising, by a Purchaser Noteholder or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers Noteholder to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Noteholder of their its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant covenant, or agreement herein shall be effective unless in writing and signed by the parties heretoCompany and by each Purchaser against whom enforcement of such amendment is sought. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated Notes, of any right, power power, or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power power, or privilege hereunder preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice to or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained shall be effective unless in writing and signed except with the consent of the Holders of not less than two-thirds of the aggregate principal amount (excluding any Subordinated Notes held by Borrower or any of its affiliates) of the parties heretoSubordinated Notes at the time outstanding. No failure to exercise or delay in exercising, by a Purchaser Lender or any holder Holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company Borrower in any case shall, in itself, entitle the Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Lenders to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers Lenders to or of any breach or default by the Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company Borrower hereunder. Failure on the part of the Purchasers Lenders to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Lenders of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the CompanyBorrower.

Waiver or Amendment. No Except as may apply to any particular waiving or consenting Noteholder, no waiver or amendment of any term, provision, condition, covenant or agreement herein shall be effective unless in writing and signed except with the consent of at least fifty percent (50%) of the aggregate principal amount (excluding any Subordinated Notes held by the parties heretoCompany or any of its Affiliates) of the Subordinated Notes at the time outstanding. The terms, provisions, conditions, covenants and agreements set forth in the Subordinated Notes and Indenture may only be waived or amended in accordance with the terms thereof.. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Purchaser to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers Purchaser to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers Purchaser to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Purchaser of their its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein shall be effective unless in writing and signed by the parties hereto. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained shall be effective unless except with the consent of the holders of not less than 67% in writing and signed aggregate principal amount (excluding any Subordinated Notes held by the parties heretoBorrower or any of its affiliates) of the Subordinated Notes at the time outstanding. No failure to exercise or delay in exercising, by a Purchaser Lender or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company Borrower in any case shall, in itself, entitle the Company Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Lenders to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers Lenders to or of any breach or default by the Company Borrower in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company Borrower hereunder. Failure on the part of the Purchasers Lenders to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Lenders of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the CompanyBorrower.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement or the Subordinated Notes shall be effective unless except with the consent of the holders of not less than 80% in writing aggregate principal amount (excluding any Subordinated Notes held by Company or any of parent corporations or subsidiaries) of the Subordinated Notes at the time outstanding; provided, however, that any amendment to this Section 7.2 and signed by any amendment that would decrease the parties heretorate of interest applicable to the Subordinated Notes, change the Maturity Date or the date of any interest payment due on the Subordinated Notes, change the priority of the Subordinated Notes as to the right to payment, or change the currency in which the principal of and interest on the Subordinated Notes is to be paid shall only be effective with the consent of the holders of all of the Subordinated Notes then outstanding. No failure to exercise or delay in exercising, by a Purchaser Noteholder or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers Noteholder to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Noteholder of their its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement or the Subordinated Note shall be effective unless in writing and signed by except with the parties heretoconsent of the Noteholder. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated NotesNote, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company Issuer in any case shall, in itself, entitle the Company Issuer to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers Noteholder to or of any breach or default by the Company Issuer in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company Issuer hereunder. Failure on the part of the Purchasers Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Noteholder of their its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the CompanyIssuer.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein or in the Subordinated Notes shall be effective unless in writing and signed by all of the parties hereto. Waiver or amendment of any term of the Indenture and/or the Subordinated Note shall be governed by the terms of the Indenture. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein shall be effective unless in writing and signed by all of the parties hereto. Waiver or amendment of any term of the Indenture and/or the Subordinated Note shall be governed by the terms of the Indenture. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated Notes, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers of their rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement or the Subordinated Notes shall be effective unless except with the consent of the holders of more than 50% in writing aggregate principal amount (excluding any Subordinated Notes held by Company or any of parent corporations or subsidiaries) of the Subordinated Notes at the time outstanding; provided, however, that any amendment to this Section 7.2 and signed by any amendment that would decrease the parties heretorate of interest applicable to the Subordinated Notes, change the Maturity Date or the date of any interest payment due on the Subordinated Notes, change the priority of the Subordinated Notes as to the right to payment, or change the currency in which the principal of and interest on the Subordinated Notes is to be paid shall only be effective with the consent of the holders of all of the Subordinated Notes then outstanding. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated NotesNoteholder, of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers Noteholder to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations of the Company hereunder. Failure on the part of the Purchasers Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Noteholder of their its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.

Waiver or Amendment. No waiver or amendment of any term, provision, condition, covenant or agreement herein contained in this Agreement or the Subordinated Note shall be effective unless in writing and signed by except with the parties heretoconsent of the Noteholder. No failure to exercise or delay in exercising, by a Purchaser or any holder of the Subordinated Notes, exercising of any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof, or the exercise of any other right or remedy provided by law. The rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided by law or in equity. No notice or demand on the Company in any case shall, in itself, entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers Noteholder to any other or further action in any circumstances without notice or demand. No consent or waiver, expressed or implied, by the Purchasers Noteholder to or of any breach or default by the Company in the performance of its obligations hereunder shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance of the same or any other obligations obligation of the Company hereunder. Failure on the part of the Purchasers Noteholder to complain of any acts or failure to act or to declare an Event of Default, irrespective of how long such failure continues, shall not constitute a waiver by the Purchasers Noteholder of their its rights hereunder or impair any rights, powers or remedies on account of any breach or default by the Company.