Common use of No Waiver by Course of Conduct; Cumulative Remedies Clause in Contracts

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such other Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent, the Collateral Agent Agent, any Issuing Lender nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent, the Collateral Agent Agent, any Issuing Lender or any other Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent, the Collateral Agent Agent, any Issuing Lender or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent, the Collateral Agent Agent, any Issuing Lender or such other Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above4.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No thereof nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the other Secured Parties set forth in this Guaranty is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Agent nor any other ABL Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.01 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or Event in any breach of Defaultany of the terms and conditions hereof or of any other applicable Secured Debt Document. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other ABL Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other ABL Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such other ABL Secured Party would otherwise have on any future other occasion. The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 7.1 above), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such other Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent shall have the authority to act as provided for in the Credit Agreement, and that no exclusive collateral agent of such Secured Party shall have for the enforcement of any right individually to enforce or seek to enforce provision of this Agreement and any other Collateral Documents against any Grantor, the exercise of remedies hereunder or thereunder and the giving or withholding of any consent or approval hereunder or thereunder relating to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsany Grantor’s obligations with respect thereto.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Agent nor any other Term Loan Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.01 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or Event in any breach of Defaultany of the terms and conditions hereof or of any other applicable Secured Debt Document. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other Term Loan Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other Term Loan Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such other Term Loan Secured Party would otherwise have on any future other occasion. The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above14), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the other Secured Parties set forth in this Guaranty is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act act, delay, indulgence, omission or otherwise (except by a written instrument pursuant to Section 8.1 above), delay, indulgence, omission or otherwise 4.2) be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one anyone occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the other Secured Parties set forth in this Subsidiary Guaranty is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the other Secured Parties set forth in this Agreement is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above4.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No thereof nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the other Secured Parties set forth in this Agreement is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Agent nor any other First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of DefaultDefault or in any breach of any of the terms and conditions hereof or of any other applicable Secured Debt Document or of any Additional First Lien Agreement. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such other First Lien Secured Party would otherwise have on any future other occasion. The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above), 7.1) delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or Event of DefaultAcceleration Event, as applicable. No (x) failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other Secured Party, any right, power or privilege hereunder shall or (y) abandonment or discontinuance on the part of the Collateral Agent or any other Secured Party of steps to enforce such a right, power or privilege hereunder shall, in any such case, operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such other Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only Any waiver or consent by the Collateral Agent as provided for in the Credit Agreement, and that no or any other Secured Party shall have be effective only for the specific instance and purpose for which it is given. No notice to or demand on the Grantors in any right individually case shall entitle the Grantors to enforce any other or seek to enforce this Agreement further notice or to realize upon any Collateral demand in similar or other security given to secure the payment and performance of the Obligationscircumstances.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above4.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the other Secured Parties set forth in this Subsidiary Guaranty is not intended to be exercised singly exhaustive and the exercise by- the Administrative Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Notes Collateral Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or Event in any breach of Defaultany of the terms and conditions hereof, the Other Pari Passu Lien Obligations Agreement or of any other applicable Notes Document. No failure to exercise, nor any delay in exercising, on the part of the Notes Collateral Agent or any other Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Notes Collateral Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Notes Collateral Agent or such other Secured Party would otherwise have on any future other occasion. The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one anyone occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the other Secured Parties set forth in this Agreement is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent, the Third Lien Collateral Agent nor any other Third Lien Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent, the Third Lien Collateral Agent or any other Third Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent, the Third Lien Collateral Agent or any other Third Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent, the Third Lien Collateral Agent or such other Third Lien Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the other Secured Parties set forth in this Agreement is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above6.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the other Secured Parties set forth in this Agreement is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above8.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the other Secured Parties set forth in this Agreement is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent, the Second Lien Collateral Agent nor any other Second Lien Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent, the Second Lien Collateral Agent or any other Second Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent, the Second Lien Collateral Agent or any other Second Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent, the Second Lien Collateral Agent or such other Second Lien Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one anyone occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the other Secured Parties set forth in this Agreement is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.otherwise..

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party Party, the Issuers nor the Pledgor shall by any act (except by a written instrument pursuant to Section 8.1 abovethis subsection ), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No Neither a failure to exercise, exercise nor any delay in exercising, on the part of the Collateral Agent or Administrative Agent, any other Secured Party, the Issuers or the Pledgor any right, power or privilege hereunder or under any Loan Document shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder or under any Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent Administrative Agent, any Secured Party, the Issuers or any other Secured Party the Pledgor of any right or remedy hereunder or under any Loan Document on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent Administrative Agent, any Secured Party, the Issuers or such other Secured Party the Pledgor would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. LEGAL_US_E # 147952510.6 . Neither the Administrative Agent, the Pari Passu Collateral Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above8.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent, the Pari Passu Collateral Agent or any other Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent, the Pari Passu Collateral Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent, the Pari Passu Collateral Agent or such other Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of DefaultDefault or in any breach of any of the terms and conditions hereof or of any other applicable Secured Debt Document or of any Additional First Lien Agreement. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such other Secured Party would otherwise have on any future other occasion. The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above4.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the Secured Parties set forth in this Holdings Guaranty is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above4.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the Secured Parties set forth in this Subsidiary Guaranty is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such other Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents Indenture and any Collateral Document may be enforced only by the Collateral Agent as provided for in the Credit AgreementIndenture, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Secured Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above8.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Collateral Agent and the other Secured Parties set forth in this Agreement is not intended to be exercised singly exhaustive and the exercise by the Collateral Agent and the other Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Administrative Agent nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.2), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No delay or failure to exercise, nor any delay in exercising, take action on the part of the Collateral Administrative Agent or any other Secured Party, Party in exercising any right, power or privilege hereunder shall operate as a waiver thereof. No , nor shall any single or partial exercise of any such right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Administrative Agent or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Collateral Administrative Agent or such other Secured Party would otherwise have on any future occasion. The enumeration of the rights and remedies herein provided are cumulative, may of the Administrative Agent and the Secured Parties set forth in this Agreement is not intended to be exercised singly exhaustive and the exercise by the Administrative Agent and the Secured Parties of any right or concurrently and are remedy shall not exclusive preclude the exercise of any other rights or remedies provided by law. By its acceptance remedies, all of which shall be cumulative, and shall be in addition to any other right or remedy given hereunder or under the benefits of this Agreement, each Secured Party agrees that the other Loan Documents or that may be enforced only now or hereafter exist at law or in equity or by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce suit or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligationsotherwise.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Administrative Agent, the First Lien Collateral Agent nor any other First Lien Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.1), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent, the First Lien Collateral Agent or any other First Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent, the First Lien Collateral Agent or any other First Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent, the First Lien Collateral Agent or such other First Lien Secured Party would otherwise have on any future occasion. The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.

No Waiver by Course of Conduct; Cumulative Remedies. Neither the Collateral Agent nor any other Second Lien Secured Party shall by any act (except by a written instrument pursuant to Section 8.1 above7.1 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of DefaultDefault or in any breach of any of the terms and conditions hereof or of any other applicable Secured Debt Document or of any Additional Second Lien Agreement. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any other Second Lien Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any other Second Lien Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which that the Collateral Agent or such other Second Lien Secured Party would otherwise have on any future other occasion. The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law. By its acceptance of the benefits of this Agreement, each Secured Party agrees that the Loan Documents may be enforced only by the Collateral Agent as provided for in the Credit Agreement, and that no Secured Party shall have any right individually to enforce or seek to enforce this Agreement or to realize upon any Collateral or other security given to secure the payment and performance of the Obligations.