Common use of Binding Effect, Etc Clause in Contracts

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or any Subsidiary Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company Issuer and the General Partner without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Issuer, the General Partner and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or any Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to Purchasers and all Purchasers or holders of Notes and is binding upon them and upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company and the Trust without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Company, the Trust and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 17, the Parent Guaranty or any Subsidiary Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note Note, the Parent Guaranty or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or and holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Affiliate Guaranty applies equally to all Purchasers or Purchaser and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company Parent and the Issuer without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Issuer and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Affiliate Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Parent Guarantor and the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Parent Guarantor, the Company and any the Purchaser or any holder of a any Note and no nor any delay in exercising any rights hereunder hereunder, under the Guaranty or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Affiliate Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company Parent and the Issuer without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Parent or the Issuer and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Affiliate Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Note Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company Issuer without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Issuer and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Note Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company and any Subsidiary Guarantor without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Company, a Subsidiary Guarantor and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or Purchaser and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company Issuer without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Issuer and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary the Guaranty Agreement applies equally to all Purchasers or (until the Closing) and thereafter all holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company and the Parent without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company or the Parent and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary the Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any North Haven Private Income Fund LLC Note Purchase Agreement holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any the Subsidiary Guaranty Agreement applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any the Subsidiary Guaranty Agreement applies equally to all Purchasers or and all holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.. OWL ROCK CAPITAL CORPORATION III NOTE PURCHASE AGREEMENT

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in any Subsidiary Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a any Note and no nor any delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.Note or any Subsidiary Guaranty. ▇▇▇▇▇ ▇▇▇▇▇▇ Industries, Inc. Note Purchase Agreement

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or and holders of each Series of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company and the Trust without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Company, the Trust and any Purchaser or any holder of a Note of any Series and no delay in exercising any rights hereunder or under any Note of any Series or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or the Subsidiary Guaranty Agreement or any Subsidiary Guaranty other Note Document applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company Constituent Companies without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the either Constituent Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Note, the Subsidiary Guaranty Agreement or any other Note Document shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or any the Subsidiary Guaranty Agreement applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the each Constituent Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the either Constituent Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or in the Springing Parent Guaranty or in any Subsidiary Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Springing Parent Guaranty or any Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to Purchasers and all Purchasers or holders of Notes and is binding upon them and upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Affiliate Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon ‑29‑ each future Purchaser or holder of any Note and upon the Company Parent and the Issuer without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Parent or the Issuer and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Affiliate Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or the Subsidiary Guaranty Agreement or any Subsidiary Guaranty other Note Document applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company Constituent Companies without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the either Constituent Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Note, the Subsidiary Guaranty Agreement or any other Note Document shall operate as a waiver of any rights of any Purchaser or any holder of such Note.. ​ ​ ​

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company or the relevant Guarantor, as applicable, without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder hereunder, under any Guaranty or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or any the Subsidiary Guaranty Agreement applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the each Constituent Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the either Constituent Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or 17, any Subsidiary Guaranty or the GP Note Guaranty, if applicable, applies equally to all Purchasers or holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Note, Subsidiary Guaranty or the GP Note Guaranty, if applicable, shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or 17, any Subsidiary Guaranty or the Parent Note Guaranty, if applicable, applies equally to all Purchasers or holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Note, Subsidiary Guaranty or the Parent Note Guaranty, if applicable, shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company Issuer without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of - 45 - dealing between the Company Issuer and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or any the Subsidiary Guaranty Agreement applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company Constituent Companies without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the either Constituent Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or the Subsidiary Guaranty Agreement shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Affiliate Guaranty applies equally to all Purchasers or and holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company Parent and the Issuer without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company Parent or the Issuer and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Affiliate Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.. STAG Industrial Operating Partnership, L.P. Note Purchase Agreement

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 18 or any Subsidiary Guaranty applies equally to all Purchasers or holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Parent Guarantor and the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Parent Guarantor, the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or holders of Notes and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a Note and no delay in exercising any rights hereunder or under any Note or Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.. Blackstone Private Credit Fund Note Purchase Agreement

Binding Effect, Etc. Any amendment or waiver consented to as provided in this Section 17 or any Subsidiary Guaranty applies equally to all Purchasers or and all holders of Notes Notes, as the case may be, and is binding upon them and upon each future Purchaser or holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and any Purchaser or any holder of a any Note and no delay in exercising any rights hereunder or under any Note or any Subsidiary Guaranty shall operate as a waiver of any rights of any Purchaser or any holder of such Note.