Common use of No Waiver of Lien Priorities Clause in Contracts

No Waiver of Lien Priorities. (a) No right of the North America ABL Agent, the other ABL Claimholders or any of them to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America ABL Agent or the other North America Claimholders, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Documents, regardless of any knowledge thereof which the North America ABL Agent or the other North America ABL Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral Agent, the other Notes Pari Passu Lien Claimholders, or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Notes Collateral Trustee or the other Notes Pari Passu Lien Claimholders, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Documents, regardless of any knowledge thereof which the Notes Collateral Trustee or the Notes Pari Passu Lien Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) (i) No right of the North America ABL AgentCredit Agreement Claimholders, the other ABL Claimholders Credit Agreement Collateral Agent or any of them to enforce any provision of this Agreement or any North America ABL Credit Agreement Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America ABL Agent any Credit Agreement Claimholder or the other North America ClaimholdersCredit Agreement Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Credit Agreement Loan Documents or any of the Indenture Pari Passu Lien Debt Tranche Note Documents, regardless of any knowledge thereof which the North America ABL Credit Agreement Collateral Agent or the other North America ABL Credit Agreement Claimholders, or any of them, may have or be otherwise charged with. with and (ii) No right of the Note Collateral AgentPari Tranche Claimholders, the other Notes Pari Passu Lien Claimholders, Tranche Collateral Agent or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Tranche Note Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Notes Collateral Trustee any Pari Tranche Claimholder or the other Notes Pari Passu Lien ClaimholdersTranche Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Pari Tranche Note Documents or any of the Indenture Pari Passu Lien Debt Credit Agreement Loan Documents, regardless of any knowledge thereof which the Notes Pari Tranche Collateral Trustee Agent or the Notes Pari Passu Lien Tranche Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentRevolving Claimholders, the other ABL Claimholders Revolving Collateral Agent or any of them to enforce any provision of this Agreement or any North America ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America ABL Agent any Revolving Claimholder or the other North America ClaimholdersRevolving Collateral Agent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Revolving Loan Documents or any of the Indenture Pari Passu Lien Debt Notes Documents, regardless of any knowledge thereof which the North America ABL Revolving Collateral Agent or the other North America ABL Revolving Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral AgentNotes Claimholders, the other Notes Pari Passu Lien Claimholders, Collateral Agent or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by any Notes Claimholder or the Notes Collateral Trustee or the other Notes Pari Passu Lien ClaimholdersAgent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Loan Notes Documents or any of the Indenture Pari Passu Lien Debt Revolving Loan Documents, regardless of any knowledge thereof which the Notes Collateral Trustee Agent or the Notes Pari Passu Lien Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL Agent, the Collateral Agent or any other ABL Claimholders or any of them Claimholder to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America ABL Collateral Agent or the any other North America Claimholders, ABL Claimholder or by any noncompliance by any Person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Term Loan Documents, regardless of any knowledge thereof which the North America ABL Collateral Agent or the any other North America ABL Claimholders, or any of them, Claimholder may have or be otherwise charged with. No right of the Note Term Collateral Agent, the other Notes Pari Passu Lien Claimholders, Agent or any of them other Term Claimholder to enforce any provision of this Agreement or any Indenture Pari Passu Lien Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Notes Term Collateral Trustee Agent or the any other Notes Pari Passu Lien Claimholders, Term Claimholder or by any noncompliance by any Person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Term Loan Documents or any of the Indenture Pari Passu Lien Debt ABL Loan Documents, regardless of any knowledge thereof which the Notes Term Collateral Trustee or the Notes Pari Passu Lien Claimholders, Agent or any of them, other Term Claimholder may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentClaimholders, the other any ABL Claimholders Collateral Agent or any of them to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America any ABL Agent Claimholder or the other North America Claimholdersany ABL Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Fixed Asset Loan Documents, regardless of any knowledge thereof which the North America ABL Collateral Agent or the other North America ABL Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral Agent, the other Notes Pari Passu Lien Fixed Asset Claimholders, any Fixed Asset Collateral Agent or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Fixed Asset Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Notes any Fixed Asset Claimholder or any Fixed Asset Collateral Trustee or the other Notes Pari Passu Lien ClaimholdersAgent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Fixed Asset Loan Documents, regardless of any knowledge thereof which the Notes any Fixed Asset Collateral Trustee Agent or the Notes Pari Passu Lien Fixed Asset Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL Agent, the other ABL Claimholders Revolving Collateral Agent or any of them other Revolving Claimholder to enforce any provision of this Agreement or any North America ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America ABL Revolving Collateral Agent or the any other North America Claimholders, Revolving Claimholder or by any noncompliance by any Person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Revolving Loan Documents or any of the Indenture Pari Passu Lien Debt Term Documents, regardless of any knowledge thereof which the North America ABL Revolving Collateral Agent or the any other North America ABL Claimholders, or any of them, Revolving Claimholder may have or be otherwise charged with. No right of the Note Term Collateral Agent, the other Notes Pari Passu Lien Claimholders, Agent or any of them other Term Claimholder to enforce any provision of this Agreement or any Indenture Pari Passu Lien Term Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Notes Term Collateral Trustee Agent or the any other Notes Pari Passu Lien Claimholders, Term Claimholder or by any noncompliance by any Person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Loan Term Documents or any of the Indenture Pari Passu Lien Debt Revolving Loan Documents, regardless of any knowledge thereof which the Notes Term Collateral Trustee or the Notes Pari Passu Lien Claimholders, Agent or any of them, other Term Claimholder may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentClaimholders, the other ABL Claimholders Agent or any of them to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America any ABL Agent Claimholder or the other North America ClaimholdersABL Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Term Loan Documents, regardless of any knowledge thereof which the North America ABL Agent or the other North America ABL Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral AgentTerm Claimholders, the other Notes Pari Passu Lien Claimholders, Term Agent or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Notes Collateral Trustee any Term Claimholder or the other Notes Pari Passu Lien ClaimholdersTerm Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Term Loan Documents, regardless of any knowledge thereof which the Notes Collateral Trustee Term Agent or the Notes Pari Passu Lien Term Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentClaimholders, the other any ABL Claimholders Collateral Agent or any of them to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Holdings or any other Grantor or by any act or failure to act by the North America any ABL Agent Claimholder or the other North America Claimholdersany ABL Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Fixed Asset Loan Documents, regardless of any knowledge thereof which the North America ABL Collateral Agent or the other North America ABL Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral Agent, the other Notes Pari Passu Lien Fixed Asset Claimholders, any Fixed Asset Collateral Agent or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Fixed Asset Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Holdings or any other Grantor or by any act or failure to act by the Notes any Fixed Asset Claimholder or any Fixed Asset Collateral Trustee or the other Notes Pari Passu Lien ClaimholdersAgent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Fixed Asset Loan Documents, regardless of any knowledge thereof which the Notes any Fixed Asset Collateral Trustee Agent or the Notes Pari Passu Lien Fixed Asset Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) (i) No right of the North America ABL AgentRevolver Secured Parties, the other ABL Claimholders Administrative Agent or any of them to enforce any provision of this Agreement Intercreditor Annex or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company any Borrower or any other Grantor or by any act or failure to act by the North America ABL Agent any Revolver Secured Party or the other North America ClaimholdersAdministrative Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this AgreementIntercreditor Annex, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Documents, regardless of any knowledge thereof which the North America ABL Administrative Agent or the other North America ABL ClaimholdersRevolver Secured Parties, or any of them, may have or be otherwise charged with. No with or (ii) no right of the Note Collateral AgentTerm Secured Parties, the other Notes Pari Passu Lien Claimholders, Term Agent or any of them to enforce any provision of this Agreement Intercreditor Annex or any Indenture Pari Passu Lien Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company any Borrower or any other Grantor or by any act or failure to act by the Notes Collateral Trustee any Term Secured Party or the other Notes Pari Passu Lien ClaimholdersTerm Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this AgreementIntercreditor Annex, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Documents, regardless of any knowledge thereof which the Notes Collateral Trustee Term Agent or the Notes Pari Passu Lien ClaimholdersTerm Secured Parties, or any of them, may have or be otherwise charged with.;

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentClaimholders, the other ABL Claimholders Collateral Agent or any of them to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Parent Borrower or any other Grantor or by any act or failure to act by the North America any ABL Agent Claimholder or the other North America ClaimholdersABL Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents, any of the Senior Term Loan Documents or any of the Indenture Pari Passu Lien Debt Junior Term Loan Documents, regardless of any knowledge thereof which the North America ABL Collateral Agent or the other North America ABL Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Senior Term Claimholders, any Senior Term Collateral Agent, the other Notes Pari Passu Lien Junior Term Claimholders, any Junior Term Collateral Agent or any of them to enforce any provision of this Agreement Agreement, any Senior Term Loan Document or any Indenture Pari Passu Lien Junior Term Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Parent Borrower or any other Grantor or by any act or failure to act by the Notes any Senior Term Claimholder, any Senior Term Collateral Trustee Agent, any Junior Term Claimholder or the other Notes Pari Passu Lien Claimholdersany Junior Term Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents, any of the Senior Term Loan Documents or any of the Indenture Pari Passu Lien Debt Junior Term Loan Documents, regardless of any knowledge thereof which any Senior Term Collateral Agent, the Notes Senior Term Claimholders, any Junior Term Collateral Trustee Agent or the Notes Pari Passu Lien Junior Term Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL Agent, Collateral Agents or the other ABL Claimholders or any of them to enforce any provision of this Agreement or any North America ABL Loan Credit Document shall at any time in any way be prejudiced or impaired by any -28- act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America ABL such Collateral Agent or the other North America Claimholders, Claimholder or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Credit Documents, regardless of any knowledge thereof which the North America ABL Agent Collateral Agents or the other North America ABL Claimholders, or any of them, may have or be otherwise charged with. No (b) Without in any way limiting the generality of the foregoing paragraph (but subject to the rights of the Grantors under the Credit Documents and subject to the provisions of Sections 2.3, 2.4 and 5.3), the Collateral Agents and the Claimholders may, at any time and from time to time in accordance with the Credit Documents to which they are party and/or applicable law, without the consent of, or notice to, any other Collateral Agent or Claimholders, without incurring any liabilities to such Persons and without impairing or releasing the Lien priorities and other benefits provided in this Agreement (even if any right of subrogation or other right or remedy is affected, impaired or extinguished thereby) do any one or more of the Note following: (1) change the manner, place or terms of payment or change or extend the time of payment of, or amend, renew, exchange, increase or alter, the terms of any of the Obligations or any Lien or guaranty thereof or any liability of any Grantor, or any liability incurred directly or indirectly in respect thereof (including any increase in or extension of the Obligations, without any restriction as to the tenor or terms of any such increase or extension) or otherwise amend, renew, exchange, extend, modify or supplement in any manner any Liens held by the Collateral Agents or any rights or remedies under any of the Credit Documents; (2) sell, exchange, release, surrender, realize upon, enforce or otherwise deal with in any manner and in any order any part of the Collateral (except to the extent provided in this Agreement) or any liability of any Grantor or any liability incurred directly or indirectly in respect thereof; (3) settle or compromise any Obligation or any other liability of any Grantor or any security therefor or any liability incurred directly or indirectly in respect thereof and apply any sums by whomsoever paid and however realized to any liability in any manner or order that is not inconsistent with the terms of this Agreement; and (4) exercise or delay in or refrain from exercising any right or remedy against any security or any Grantor or any other Person, elect any remedy and otherwise deal freely with any Grantor. (c) Until the Discharge of Senior Priority Obligations, the Junior Priority Collateral Agent, on behalf of itself and the other Notes Pari Passu Lien Junior Priority Claimholders, agrees not to assert and hereby waives, to the fullest extent permitted by law, any right to demand, request, plead or otherwise assert or otherwise claim the benefit of, any of them marshalling, appraisal, valuation or other similar right that may otherwise be available under applicable law with respect to enforce any provision of this Agreement or any Indenture Pari Passu Lien Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Collateral or any other Grantor or by any act or failure to act by the Notes Collateral Trustee or the other Notes Pari Passu Lien Claimholders, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Documents, regardless of any knowledge thereof which the Notes Collateral Trustee or the Notes Pari Passu Lien Claimholders, or any of them, similar rights a junior secured creditor may have or be otherwise charged withunder applicable law. 7.3.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentClaimholders, the other ABL Claimholders Agent or any of them to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America any ABL Agent Claimholder or the other North America ClaimholdersABL Agent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Loan Documents or Documents, any of the Indenture Notes Documents or the Other Pari Passu Lien Debt DocumentsObligations Agreement, regardless of any knowledge thereof which the North America ABL Agent or the other North America ABL Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral Agent, the other Notes Pari Passu Lien Claimholders, Notes Agent or any of them to enforce any provision of this Agreement Agreement, any Notes Document or any Indenture Other Pari Passu Lien Document Obligations Agreement shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the any Notes Collateral Trustee Claimholder or the other Notes Pari Passu Lien ClaimholdersAgent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the North America Notes Documents, any of the ABL Loan Documents or any of the Indenture Other Pari Passu Lien Debt DocumentsObligations Agreement, regardless of any knowledge thereof which the Notes Collateral Trustee Agent or the other Notes Pari Passu Lien Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentRevolving Claimholders, the other ABL Claimholders Revolving Collateral Agent or any of them to enforce any provision of this Agreement or any North America ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor Gran- tor or by any act or failure to act by the North America any ABL Agent Revolving Claimholder or the other North America ClaimholdersABL Revolving Collateral Agent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this AgreementAgree- ment, any of the North America ABL Revolving Loan Documents or any of the Indenture Pari Passu Lien Debt Term Documents, regardless of any knowledge thereof which the North America ABL Revolving Collateral Agent or the other North America ABL Revolving Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral Agent, the other Notes Pari Passu Lien Term Claimholders, any Term Agent or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Term Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Notes Collateral Trustee any Term Claimholder or the other Notes Pari Passu Lien Claimholdersany Term Agent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Loan Term Documents or any of the Indenture Pari Passu Lien Debt ABL Revolving Loan Documents, regardless of any knowledge thereof which the Notes Collateral Trustee any Term Agent or the Notes Pari Passu Lien Term Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentClaimholders, the other ABL Claimholders Agent or any of them to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America any ABL Agent Claimholder or the other North America ClaimholdersABL Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Note Documents, regardless of any knowledge thereof which the North America ABL Agent or the other North America ABL Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral Agent, the other Notes Pari Passu Lien Claimholders, Note Security Agent or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Note Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Notes Collateral Trustee any Note Claimholder or the other Notes Pari Passu Lien ClaimholdersNote Security Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Note Documents, regardless of any knowledge thereof which the Notes Collateral Trustee Note Security Agent or the Notes Pari Passu Lien Note Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentClaimholders, the other any ABL Claimholders Collateral Agent or any of them to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America any ABL Agent Claimholder or the other North America Claimholdersany ABL Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Fixed Asset Loan Documents, regardless of any knowledge thereof which the North America ABL Collateral Agent or the other North America ABL Claimholders, Table of Contents or any of them, may have or be otherwise charged with. No right of the Note Collateral Agent, the other Notes Pari Passu Lien Fixed Asset Claimholders, any Fixed Asset Collateral Agent or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Fixed Asset Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the Notes any Fixed Asset Claimholder or any Fixed Asset Collateral Trustee or the other Notes Pari Passu Lien ClaimholdersAgent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Fixed Asset Loan Documents, regardless of any knowledge thereof which the Notes any Fixed Asset Collateral Trustee Agent or the Notes Pari Passu Lien Fixed Asset Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentClaimholders, the other ABL Claimholders Agent or any of them to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America any ABL Agent Claimholder or the other North America ClaimholdersABL Agent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Loan Documents or or, any of the Indenture Notes Documents or the Other Pari Passu Lien Debt DocumentsObligations Agreement, regardless of any knowledge thereof which the North America ABL Agent or the other North America ABL Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral Agent, the other Notes Pari Passu Lien Claimholders, Notes Agent or any of them to enforce any provision of this Agreement or, any Notes Document or any Indenture Other Pari Passu Lien Document Obligations Agreement shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the any Notes Collateral Trustee Claimholder or the other Notes Pari Passu Lien ClaimholdersAgent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the North America Notes Documents or, any of the ABL Loan Documents or any of the Indenture Other Pari Passu Lien Debt DocumentsObligations Agreement, regardless of any knowledge thereof which the Notes Collateral Trustee Agent or the other Notes Pari Passu Lien Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentClaimholders, the other ABL Claimholders Collateral Agents or any of them to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Holdings, Borrower or any other Grantor or by any act or failure to act by the North America any ABL Agent Claimholder or the other North America Claimholdersany ABL Collateral Agent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Fixed Asset Loan Documents, regardless of any knowledge thereof which the North America any ABL Collateral Agent or the other North America ABL Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral Agent, the other Notes Pari Passu Lien Fixed Asset Claimholders, any Fixed Asset Collateral Agent or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Fixed Asset Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company Holdings, Borrower or any other Grantor or by any act or failure to act by the Notes any Fixed Asset Claimholder or any Fixed Asset Collateral Trustee or the other Notes Pari Passu Lien ClaimholdersAgent, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Fixed Asset Loan Documents, regardless of any knowledge thereof which the Notes any Fixed Asset Collateral Trustee Agent or the Notes Pari Passu Lien Fixed Asset Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentRevolving Claimholders, the other ABL Claimholders Revolving Collateral Agent or any of them to enforce any provision of this Agreement or any North America ABL Revolving Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America ABL Agent any Revolving Claimholder or the other North America ClaimholdersRevolving Collateral Agent, or by any noncompliance by any Person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Revolving Loan Documents or any of the Indenture Pari Passu Lien Debt Notes Documents, regardless of any knowledge thereof which the North America ABL Revolving Collateral Agent or the other North America ABL Revolving Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral Agent, the other Notes Pari Passu Lien Claimholders, Notes Collateral Agent or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the any Notes Claimholder or Notes Collateral Trustee or the other Notes Pari Passu Lien ClaimholdersAgent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Loan Notes Documents or any of the Indenture Pari Passu Lien Debt Revolving Loan Documents, regardless of any knowledge thereof which the Notes Collateral Trustee Agent or the Notes Pari Passu Lien Claimholders, or any of them, may have or be otherwise charged with.

No Waiver of Lien Priorities. (a) No right of the North America ABL AgentClaimholders, the other ABL Claimholders Agent or any of them to enforce any provision of this Agreement or any North America ABL Loan Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the North America any ABL Agent Claimholder or the other North America ClaimholdersABL Agent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Loan Documents or any of the Indenture Pari Passu Lien Debt Notes Documents, regardless of any knowledge thereof which the North America ABL Agent or the other North America ABL Claimholders, or any of them, may have or be otherwise charged with. No right of the Note Collateral Agent, the other Notes Pari Passu Lien Claimholders, Notes Agent or any of them to enforce any provision of this Agreement or any Indenture Pari Passu Lien Notes Document shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of the Company or any other Grantor or by any act or failure to act by the any Notes Collateral Trustee Claimholder or the other Notes Pari Passu Lien ClaimholdersAgent, or by any noncompliance by any Person person with the terms, provisions provisions, and covenants of this Agreement, any of the North America ABL Loan Notes Documents or any of the Indenture Pari Passu Lien Debt ABL Loan Documents, regardless of any knowledge thereof which the Notes Collateral Trustee Agent or the other Notes Pari Passu Lien Claimholders, or any of them, may have or be otherwise charged with.