Common use of Expiration; No Further Extension Implied Clause in Contracts

Expiration; No Further Extension Implied. The Company and the Guarantors acknowledge that the holders of the Notes have no obligation to extend the term of the Forbearance Period or forbear from enforcing their rights and remedies before the end of the Forbearance Period in the event of any failure of any one or more of the terms and conditions expressed herein, that no course of dealing that would permit arguing for further extensions contrary to the wishes of the holders of the Notes exists or is capable of being inferred, and that nothing contained herein or otherwise is intended to be a promise or agreement to continue to extend the term of the Forbearance Period beyond October 31, 2003 or to extend any further credit to the Company. Furthermore, no future agreement by the holders of the Notes to continue to extend the term of the Forbearance Period beyond October 31, 2003 or any other agreement shall be valid or enforceable unless it is contained in a final written agreement signed by the Required Holder(s) (or, to the extent required by paragraph 11C of the Note Agreement, all of the holders of the Notes). Preliminary understandings or agreements on one or more issues during the course of any negotiations and prior to the finalization thereof shall not be binding unless and until such a final written agreement is executed on behalf of the applicable parties.

Expiration; No Further Extension Implied. The Company and the Guarantors acknowledge that the holders of the Notes have no obligation to extend the term of the Forbearance Period or forbear from enforcing their rights and remedies before the end of the Forbearance Period in the event of any failure of any one or more of the terms and conditions expressed herein, that no course of dealing that would permit arguing for further extensions contrary to the wishes of the holders of the Notes wishes exists or is capable of being inferred, and that nothing contained herein or otherwise is intended to be a promise or agreement to continue to extend the term of the Forbearance Period beyond October 31, 2003 2002 or to extend any further credit to the Company. Furthermore, no future agreement by the holders of the Notes to continue to extend the term of the Forbearance Period beyond October 31, 2003 2002 or any other agreement shall be valid or enforceable unless it is contained in a final written agreement signed by the Required Holder(s) (or, to the extent required by paragraph 11C of the Note Agreement, all of the holders of the Notes). Preliminary understandings or agreements on one or more issues during the course of any negotiations and prior to the finalization thereof shall not be binding unless and until such a final written agreement is executed on behalf of the applicable parties.