In the event of any conflict between the provisions of this Agreement and the provisions of any ABL Document or any Term Loan Document, the provisions of this Agreement shall govern.
The Term Loan Representative and the ABL Representative acknowledge and agree that neither has made any representation or warranty with respect to the execution, validity, legality, completeness, collectability or enforceability of any other ABL Document or any Term Loan Document.
Nothing contained herein or in any other Term Loan Document, and no action taken by Lenders pursuant hereto or thereto, shall be deemed to constitute Lenders as a partnership, an association, a joint venture or any other kind of entity.
Neither the Parent nor the Borrower will, nor will they permit any Consolidated Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational or shareholder documents, (b) the Merger Agreement, (c) any Senior Note Document, (d) any Term Loan Document or (e) the documents related to the Luxembourg Equity Arrangement; and (f) any other Material Indebtedness, in each case in any manner that would be materially adverse to the Lenders.
Unless otherwise specifically provided herein, any notice or other communication herein required or permitted to be given to the Borrower or any Guarantor or the Administrative Agent shall be sent to such Person's address as set forth on Appendix B or in the other relevant Second Priority Term Loan Document, and in the case of any Lender, the address as indicated on Appendix B or otherwise indicated to the Administrative Agent in writing.