Common use of Preservation of Rights Clause in Contracts

Preservation of Rights. No delay or omission of the Banks, the LC Issuers or the Agent to exercise any right under the Credit Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents whatsoever shall be valid unless in writing signed by the Banks required pursuant to Section 10.1, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers and the Banks until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the Swingline Lender, the LC Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent specifically set forth in such writing specifically set forthwriting. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuers, the Swingline Lender and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Agent or the Agent Issuing Banks to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company a Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by, or by the Banks Agent with the consent of, the requisite number of Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Issuing Banks and the Banks Lenders until all of the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by, or by the Banks Administrative Agent with the consent of, the requisite number of Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until all of the Secured Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrowers to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers or the Designated Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Designated Agent, the LC Issuers and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.1SECTION 9.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company applicable Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks Lenders until the Obligations have been paid in fullfull in cash.

Preservation of Rights. No delay or omission of the BanksAgent, the LC Issuers Issuer or the Agent Lenders to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Unmatured Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company applicable Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents any Loan Document whatsoever shall be valid unless in writing signed by the Banks parties required pursuant to Section 10.1, 8.2 and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company any Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks Lenders until the Obligations have been paid in fullfull in cash.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks Lenders until the Obligations have been paid in fullfull in cash.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Issuer or the Agent to exercise any right under the Credit Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents whatsoever shall be valid unless in writing signed by the Banks required pursuant to Section 10.1, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Issuer and the Banks until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Unmatured Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.02, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by or with the Banks consent of the Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrowers to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Agent or the Agent any Lender to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Unmatured Default or an acquiescence therein, and the making of a Credit Extension the Loans notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension Loans shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents any Loan Document whatsoever shall be valid unless in writing signed by the Banks parties required pursuant to Section 10.1, 8.2 and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers and the Banks Agent or any Lender until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers and the Banks Lenders until the Obligations obligations under this Agreement and the other Loan Documents have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Letter of Credit Agent or the Administrative Agent to exercise any right under the Credit Facility Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Facility Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Facility Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or any of them or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension Syndicated Loan notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension Syndicated Loan shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude any other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by (or with the Banks consent of) the Lenders required pursuant to Section 10.18.2, and then only to the extent specifically set forth in such writing specifically set forthwriting. All remedies contained in the Credit Loan Documents or afforded by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banksany Lender, the either LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Documents this Agreement or any Note shall impair such right or be construed to be a waiver of any Default or Event of Unmatured Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company Borrower to satisfy the conditions any other condition precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation whatsoever of the terms, conditions or provisions of the Credit Documents whatsoever this Agreement or any Note shall be valid unless in a writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or afforded by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers and the Banks Lenders until the Obligations have been paid in fullfull and the Commitments have terminated.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2 or as otherwise provided in Section 8.3 or 8.4, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.. 103

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Facility Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Revolving Credit Extension Loan or the issuance of a Letter of Credit notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Revolving Credit Extension Loan or Letter of Credit shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Facility Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Facility Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Swing Line Lender, the Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Swing Line Lender, the Lenders and the Banks Issuers until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers or the Agent Issuer to exercise any right under the Credit Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making issuance or Modification of a Credit Extension Facility LC notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension issuance or Modification shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents whatsoever shall be valid unless in writing signed by the Banks required pursuant to Section 10.1, Issuer and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers and the Banks Issuer until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Facility Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to making such Loan or issuing such Facility Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Issuer, and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers ---------------------- Issuer or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks Lenders until the Obligations have been paid in fullfull in cash.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers any Issuing Bank or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by, or by the Banks Agent with the consent of, the requisite number of Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Issuing Banks and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksAgent, the LC Issuers Swingline Lender or the Agent other Lenders to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Unmatured Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents any Loan Document whatsoever shall be valid unless in writing signed by the Banks parties required pursuant to Section 10.1, 8.2 and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Swingline Lender and the Banks other Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer, the Swingline Lender or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude any other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.112.13, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer, the Swingline Lender and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by, or by the Banks Agent with the consent of, the requisite number of Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until all of the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Swing Line Lender, the Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Swing Line Lender, the Lenders and the Banks Issuers until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksAgent, the LC Issuers Issuers, the Swingline Lender or the Agent Lenders to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Unmatured Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company applicable Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents any Loan Document whatsoever shall be valid unless in writing signed by the Banks parties required pursuant to Section 10.1, 8.2 and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Issuers, the Swingline Lender and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders to the extent required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers and the Banks Lenders until the Obligations have been paid in full.. ARTICLE IX

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Banks or the Administrative Agent to exercise any right under the Credit Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an any acquiescence therein, and the making or issuance of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescenceacquiescence therein. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents whatsoever shall be valid unless in writing signed by the Banks required pursuant to Section 10.1SECTION 8.01, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrowers to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by by, or consented to in writing by, the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the Swingline Lender, the LC Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.17.2, and then only to the extent specifically set forth in such writing specifically set forthwriting. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuers, the Swingline Lender and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be -96- 104 cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Secured Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company any Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.1SECTION 9.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the any Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.1SECTION 9.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agents and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or ---------------------- the Agent to exercise any right under the Credit Documents shall impair such right or be construed to be a waiver of any Default or Event of Unmatured Default or an acquiescence therein, and the making of a Loan or issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension Loan shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent specifically set forth in such writing specifically set forthwriting. All remedies contained in the Credit Loan Documents or afforded by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. ncbcrex.htm 14534489\V-10 . No delay or omission of the Banks, the LC Issuers Lenders or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension Loan notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension Loan shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrowers to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by by, or consented to in writing by, the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Fronting Banks or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a an Extension of Credit Extension to any Borrower notwithstanding the existence of a Default or Event of Default with respect to such Borrower or the inability of the Company such Borrower to satisfy the conditions precedent to such Extension of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Lenders, the Fronting Banks or the Swing Line Banks, as applicable, required pursuant to Section 10.18.2 or 8.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Lenders and the Fronting Banks until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the Swingline Lender, the LC Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent specifically set forth in such writing specifically set forthwriting. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuers, the Swingline Lender and the Banks Lenders until the Obligations have been paid in full.. 74 12640621v 1 24740.0002 44

Preservation of Rights. No delay or omission of the BanksLenders, the Swingline Lender, the LC Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent specifically set forth in such writing specifically set forthwriting. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuers, the Swingline Lender and the Banks Lenders until the Obligations have been paid in full.. 74 12604453v 1 24740.000 246

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company a Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents 103 12660163v2 whatsoever shall be valid unless in writing signed by, or by the Banks Administrative Agent with the consent of, the requisite number of Lenders required pursuant to Section 10.1‎8.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers and the Banks Lenders until all of the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrowers to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent specifically set forth in such writing specifically set forthwriting. All remedies contained in the Credit Loan Documents or afforded by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the ---------------------- Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Loan or such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.110.4, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Banks or the Agent to exercise any right under the Credit Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension Term Loan notwithstanding the existence of a Default or Event of Default or the inability of the Company to satisfy the conditions precedent to such Credit Extension Term Loan shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents whatsoever shall be valid unless in writing signed by the Banks required pursuant to Section 10.1, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to in the exercise of any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the AgentAgents, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such 75 writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company or any other Borrower to satisfy the conditions precedent to issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks requisite number of Lenders required pursuant to Section 10.19.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks Lenders until all of the Obligations Termination Conditions shall have been paid in fullsatisfied.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall will impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence thereinin such Default, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Credit Parties to satisfy the conditions precedent to such Credit Extension shall will not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall will not preclude other or further exercise thereof of such right or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall will be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.111.2, and then only to the extent in such writing specifically set forthforth in writing. All remedies contained in the Credit Loan Documents or by law or equity afforded shall will be cumulative and all shall will be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Facility Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Loan or Facility Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Letter of Credit Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrowers to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Letter of Credit Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company any Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers or the Agent to exercise any right under the Credit Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents whatsoever shall be valid unless in writing signed by the Banks required pursuant to Section 10.1, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers and the Banks until the Obligations have been paid in full.. Amended and Restated Revolving Credit Agreement The Bank of Nova Scotia/Consumers Energy

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid 82 unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law Law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksAgent, the LC Issuers Issuer or the Agent Lenders to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Unmatured Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company applicable Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents any Loan Document whatsoever shall be valid unless in writing signed by the Banks parties required pursuant to Section 10.1, 8.2 and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.. ARTICLE IX

Preservation of Rights. No delay or omission of the Banks, the LC Issuers any Lender or the Administrative Agent to exercise any right under the Credit Documents this Agreement or any Note shall impair such right or be construed to be a waiver of any Default or Event of Unmatured Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Unmatured Default or the inability of the Company Borrower to satisfy the conditions any other condition precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation whatsoever of the terms, conditions or provisions of the Credit Documents whatsoever this Agreement or any Note shall be valid unless in a writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or afforded by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Administrative Agent and the Banks Lenders until the Obligations have been paid in fullfull and the Commitments have terminated.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the any Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company any Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agents and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.02 or as otherwise provided in Section 8.03 or 8.04, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.. 103

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer, the Enhancement Issuer or the Agent to exercise any right under the Credit Loan Documents or Bond Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or Bond Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Issuer, the Enhancement Issuer and the Banks Lenders (as applicable) until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company any Borrower to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.1SECTION 9.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Agent, the LC Issuers Agent and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuing Banks or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company to satisfy the conditions precedent to such Loan or issuance of such Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.19.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuing Banks and the Banks Lenders until the Obligations have been paid in full.full in cash. 100

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the any Agent or Issuer to exercise any right under the Credit Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Facility Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company any Borrower to satisfy the conditions precedent to such Loan or Facility Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Documents or by law afforded shall be cumulative and all shall be available to the AgentAgents, the LC Issuers and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the Banks, the LC Issuers Lenders or the Administrative Agent or Issuer to exercise any right under the Credit Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Loan or the issuance of a Facility Letter of Credit Extension notwithstanding the existence of a Default or Event of Default or the inability of the Company any Borrower to satisfy the conditions precedent to such Loan or Facility Letter of Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other 91 or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.2, and then only to the extent specifically set forth in such writing specifically set forthwriting. All remedies contained in the Credit Loan Documents or afforded by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers Issuer or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.18.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law Law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers Issuer and the Banks Lenders until the Obligations have been paid in full.

Preservation of Rights. No delay or omission of the BanksLenders, the LC Issuers or the Administrative Agent to exercise any right under the Credit Loan Documents shall impair such right or be construed to be a waiver of any Default or Event of Default or an acquiescence therein, and the making of a Credit Extension notwithstanding the existence of a Default or an Event of Default or the inability of the Company Borrower to satisfy the conditions precedent to such Credit Extension shall not constitute any waiver or acquiescence. Any single or partial exercise of any such right shall not preclude other or further exercise thereof or the exercise of any other right, and no waiver, amendment or other variation of the terms, conditions or provisions of the Credit Loan Documents whatsoever shall be valid unless in writing signed by the Banks Lenders required pursuant to Section 10.1‎Section 8.3, and then only to the extent in such writing specifically set forth. All remedies contained in the Credit Loan Documents or by law afforded shall be cumulative and all shall be available to the Administrative Agent, the LC Issuers and the Banks Lenders until the Obligations have been paid in full.