No Bank by its execution of this Amendment, waives any rights it may have against any person not a party hereto.
No Bank. Product Termination Value may be established or increased at any time that a Default or Event of Default exists, or if creating a Reserve against such Bank Product Termination Value or the increase thereof would cause the Obligations to exceed the Borrowing Base, except with respect to obligations of any Loan Party under or in connection with any Bank Products (other than Hedge Agreements) of the Bank or any Affiliate of Bank.
No Bank. Guarantee will be issued under which a claim could be made at a time after the Working Capital Repayment Date in relation to the Working Capital Facility unless the Working Capital Bank (in its sole discretion and upon such terms as it reasonably requires) agrees otherwise.
No Bank. Related Person, the Company or any of its Related Parties shall be liable for any Liabilities arising from the use by others of any information or other materials obtained through IntraLinks, Syndtrak, ClearPar, DebtDomain or other similar information transmission systems in connection with this Agreement or any other Credit Document, except to the extent any such Liabilities are found by a final, non-appealable judgment of a court of competent jurisdiction to arise from the gross negligence, bad faith or willful misconduct of such Person.
No Bank. Assignee or other Transferee will charge any Borrower for increased costs or reduced returns pursuant to Sections 8.03(a) or (b) at a higher rate than such Bank, Assignee or other Transferee charges its other similarly situated borrowers or customers.
No Bank is obliged to participate if it would cause the Original Sterling Amount of its participations in the Loans to exceed its Commitment.
No Bank is obliged to lend if it would cause the Original Sterling Amount of its participation in the Advances to exceed its Commitment.
No Bank. Common Stock shares are reserved for issuance, other than the shares reserved for issuance under the Mountain West Stock Plan;
No Bank. Product Provider that obtains the benefits of Section 6.04, any Guaranty or any Collateral by virtue of the provisions hereof or of any Guaranty or any Collateral Document shall have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Collateral (including the release or impairment of any Collateral) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Article VIII to the contrary, the Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Bank Product Obligations.
