Limitation of Waivers. The consent, waiver and agreement contained herein, shall not be a consent, waiver or agreement by the Administrative Agent or the Lenders of any Defaults or Events of Default, as applicable, which may exist (other than, for the avoidance of doubt, with respect to the March 31, 2019 Current Ratio) or which may occur in the future under the Credit Agreement or any other Loan Document, or any future defaults of the same provision waived hereunder (collectively, “Other Violations”). Similarly, nothing contained in this Agreement shall directly or indirectly in any way whatsoever: (a) impair, prejudice or otherwise adversely affect the Administrative Agent’s or the Lenders’ right at any time to exercise any right, privilege or remedy in connection with the Credit Agreement or any other Loan Document, as the case may be, with respect to any Other Violations, (b) except as set forth herein, amend or alter any provision of the Credit Agreement, the other Loan Documents, or any other contract or instrument, or (c) constitute any course of dealing or other basis for altering any obligation of the Borrower or any right, privilege or remedy of the Administrative Agent or the Lenders under the Credit Agreement, the other Loan Documents, or any other contract or instrument, as applicable. Nothing in this letter shall be construed to be a consent by the Administrative Agent or the Lenders to any Other Violations.
Limitation of Waivers. The parties acknowledge that all waivers of some or all of the right to collectively bargain over mandatory subjects of bargaining contained in this agreement shall terminate no later than the date this agreement expires.
Limitation of Waivers. Nothing contained in this Agreement shall directly or indirectly in any way whatsoever, except as set forth herein, amend or alter any provision of the Credit Agreement, the other Loan Documents, or any other contract or instrument.
Limitation of Waivers. Without limiting the generality of the provisions of subsections 10.6, 10.7 and 10.10 of the Credit Agreement, the waivers set forth above shall be limited precisely as written and relate solely to the noncompliance by Company with the provisions of subsections 2.4B(iii)(d), 2.4B(iii)(e) and 7.5 of the Credit Agreement in the manner and to the extent described above, and nothing in this Waiver and Amendment shall be deemed to:
Limitation of Waivers. Without limiting the generality of the provisions of Section 8.01 of the Credit Agreement, the waivers set forth in Section 3 above shall be limited precisely as written and relate solely to the noncompliance by the Borrower with the provisions of Sections 5.04(a)(ii), 5.04(b) and 5.04(c) of the Credit Agreement in the manner and to the extent described above, and nothing in this Amendment shall be deemed to:
Limitation of Waivers. Except as expressly provided herein, the waivers contained herein, shall not be a consent, waiver or agreement by the Administrative Agent or the Lenders of any Defaults or Events of Default, as applicable, which may exist or which may occur in the future under the Credit Agreement or any other Loan Document (collectively, “Violations”). Similarly, except as expressly provided herein, nothing contained in this Thirteenth Amendment shall directly or indirectly in any way whatsoever: (a) impair, prejudice or otherwise adversely affect the Administrative Agent’s or the Lenders’ right at any time to exercise any right, privilege or remedy in connection with the Credit Agreement or any other Loan Document, as the case may be, with respect to any Violations, (b) amend or alter any provision of the Credit Agreement, the other Loan Documents, or any other contract or instrument, or (c) constitute any course of dealing or other basis for altering any obligation of the Borrower or any right, privilege or remedy of the Administrative Agent or the Lenders under the Credit Agreement, the other Loan Documents, or any other contract or instrument, as applicable. Nothing in this Thirteenth Amendment shall be construed to be a consent by the Administrative Agent or the Lenders to any Violations.
Limitation of Waivers. The waivers set forth above shall be limited precisely as written and relate solely to the provisions of Section 6.15(a) of the Loan Agreement (as amended by this Amendment and Waiver) in the manner and to the extent described above and nothing in this Amendment and Waiver shall be deemed to:
Limitation of Waivers. The waivers contained herein, shall not be a consent, waiver or agreement by the Administrative Agent or the Lenders of any Defaults or Events of Default, as applicable, which may exist or which may occur in the future under the Credit Agreement or any other Loan Document (collectively, “Violations”). Similarly, nothing contained in this Third Amendment shall directly or indirectly in any way whatsoever: (a) impair, prejudice or otherwise adversely affect the Administrative Agent’s or the Lenders’ right at any time to exercise any right, privilege or remedy in connection with the Credit Agreement or any other Loan Document, as the case may be, with respect to any Violations, (b) amend or alter any provision of the Credit Agreement, the other Loan Documents, or any other contract or instrument, or (c) constitute any course of dealing or other basis for altering any obligation of the Borrower or any right, privilege or remedy of the Administrative Agent or the Lenders under the Credit Agreement, the other Loan Documents, or any other contract or instrument, as applicable. Nothing in this Third Amendment shall be construed to be a consent by the Administrative Agent or the Lenders to any Violations.
Limitation of Waivers. The forbearance agreement contained herein, shall not be a consent, waiver or agreement by the Consenting Swap Counterparties party to a Swap Agreement in relation to any Defaults, Events of Default, “Potential Events of Default” (as defined in the applicable Swap Agreement), or “Termination Events” (as defined in the applicable Swap Agreement) or “Events of Default” (as defined in the applicable Swap Agreement), as applicable, which may exist or which may occur in the future under any Swap Agreement, or any future defaults of the same provision subject to forbearance hereunder (collectively, “Other Violations”). Similarly, nothing contained in this Agreement shall directly or indirectly in any way whatsoever: (i) impair, prejudice or otherwise adversely affect the Consenting Swap Counterparties’ party to a Swap Agreement right at any time to exercise any right, privilege or remedy in connection with any Swap Agreement, after a Forbearance Termination Event or with respect to any Other Violations, as the case may be, (ii) amend or alter any provision of the Subject Swap Agreements, or (iii) constitute any course of dealing or other basis for altering any obligation of the Borrowers or any right, privilege or remedy of the Consenting Swap Counterparties under the Swap Agreements. Nothing in this letter shall be construed to be a consent by the Consenting Swap Counterparties to any Other Violations or a waiver of the right to declare defaults and exercise all termination rights and remedies after a Forbearance Termination Event. Further, nothing herein, including the forbearance by any Consenting Swap Counterparty of any of its rights under any Subject Swap Agreements in connection with the Swap Agreement Termination Forbearance, shall be used as a basis by any Borrower to argue that, upon the occurrence of a Forbearance Termination Event, any Consenting Swap Counterparty has waived, modified, limited or otherwise released its rights under any of the Bankruptcy Code’s “safe harbors” for financial contracts (including, without limitation, 11 U.S.C. Sections 362(b)(6), (17), (27), 556, 560, and/or 561) in connection with any Subject Swap Agreement, including any right to terminate any Subject Swap Agreement on the basis of the commencement of the Chapter 11 Cases or the exercise of remedies with respect thereto.
Limitation of Waivers. If any term contained in this Agreement is breached by either Party and thereafter waived by the other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive the same or other or any future breach under this Agreement on any other occasion. No remedy conferred upon or reserved to either Party is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement. No delay or omission to exercise any right or power occurring upon any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof but any such right or power may be exercised from time to time and as often as may be deemed expedient. To entitle either Party to exercise any remedy reserved or available to it, it shall not be necessary to give any notice other than such notice as may be expressly required by this Agreement.
