Common use of No Waiver; Modifications in Writing Clause in Contracts

No Waiver; Modifications in Writing. No failure or delay on the part of any Issuer or the Initial Purchaser in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any Issuer or the Initial Purchaser at law or in equity or otherwise. No waiver of or consent to any departure by any Issuer or the Initial Purchaser from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, provided that notice of any such waiver shall be given to each party hereto as set forth below. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of each of the Issuers and the Initial Purchaser. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers or the Initial Purchaser from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers in any case shall entitle the Issuers to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. (a) No failure or delay on the part of any Issuer the Seller or the Initial Purchaser Purchasers in exercising any right, power power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power power, or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any Issuer the Seller or the Initial Purchaser Purchasers at law or in equity or otherwise. No waiver of or consent to any departure by any Issuer or the Initial Purchaser from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, provided that notice of any such waiver shall be given to each party hereto as set forth below. . (b) Except as otherwise provided herein, no amendment, modification waiver, consent, modification, or termination of any provision of this Agreement Agreement, shall be effective unless signed in writing by or on behalf the Seller and the holders of each more than 50% of the Issuers outstanding principal balance of the Notes and the Initial Purchaserholders of more than 50% of the Warrants. Any amendment, supplement or modification of or to any provision of this AgreementAgreement or any other Equity Document, any waiver of any provision of this AgreementAgreement or any other Equity Document, and any consent to any departure by the Issuers or the Initial Purchaser Seller from the terms of any provision of this Agreement or any other Equity Document, shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Seller in any case shall entitle the Issuers Seller to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the part of any Issuer or the Initial Purchaser Secured Party in exercising any right, power or remedy hereunder or with respect to the Advances shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any Issuer or the Initial Purchaser Secured Party, at law or in equity or otherwiseequity. No amendment, modification, supplement, termination or waiver of or consent to any departure by any Issuer or the Initial Purchaser from any provision of this Agreement shall be effective unless signed the same shall be in writing and signed by the party entitled to the benefit thereof, provided that notice of any such waiver shall be given to each party hereto as set forth below. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of each of the Issuers Borrower, the Conduit Lenders and the Initial PurchaserProgram Agent. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers or the Initial Purchaser Borrower from the terms of any provision of this Agreement Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no No notice to or demand on the Issuers Borrower in any case shall entitle the Issuers Borrower to any other or further notice or demand in similar or other circumstances. Notwithstanding the foregoing, in no event shall the Secondary Lender Commitment of any Secondary Lender be extended or increased without the written consent of such Secondary Lender.

No Waiver; Modifications in Writing. (a) No failure or delay on the part of any Issuer or the Initial Purchaser party in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any Issuer or the Initial Purchaser a party at law or in equity or otherwise. No waiver of or consent to any departure by any Issuer or the Initial Purchaser from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, provided that notice of any such waiver shall be given to each party hereto as set forth below. . (b) Except as otherwise provided herein, no amendment, waiver, consent, modification or termination of any provision of this any Transaction Document (except in the case of the Partnership Agreement for amendments adopted pursuant to Article XIII thereof) shall be effective unless signed in writing by or on behalf of each of the Issuers and the Initial Purchaserparties thereto affected by such amendment, waiver, consent, modification or termination. Any amendment, supplement or modification of or to any provision of this Agreementany Transaction Document, any waiver of any provision of this Agreement, any Transaction Document and any consent to any departure by the Issuers or the Initial Purchaser from the terms of any provision of this Agreement any Transaction Document shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers any party hereto in any case shall entitle the Issuers such party to any other or further notice or demand in similar or other circumstances. Any investigation by or on behalf of any party hereto shall not be deemed to constitute a waiver by such party of compliance with any representation, warranty, covenant or agreement contained herein.

No Waiver; Modifications in Writing. No failure This Agreement, together with the Exhibits hereto, and the Employment Agreement, sets forth the entire understanding of the parties, and supersedes all prior agreements, arrangements and communications, whether oral or delay on written, with respect to the part of any Issuer or the Initial Purchaser in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any Issuer or the Initial Purchaser at law or in equity or otherwisesubject matter hereof. No waiver of or consent to any departure by any Issuer or the Initial Purchaser from any provision of this Agreement shall be effective unless such waiver or consent is signed in writing by the party entitled to the benefit thereof, provided that thereof and written notice of any such waiver shall be or consent is given to each party hereto as set forth below. Except as otherwise provided herein, no amendment, supplement, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of each of the Issuers Company and the Initial Purchaser. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers or the Initial Purchaser Company from the terms of any provision of this Agreement Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Company or the Purchaser in any case shall entitle the Issuers Company or the Purchaser to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the part of the Company, any Issuer Guarantor or the Initial Purchaser Purchasers in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the Company, any Issuer Guarantor or the Initial Purchaser Purchasers at law or in equity or otherwise. No waiver of or consent to any departure by the Company, any Issuer Guarantor or the Initial Purchaser Purchasers from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, ; provided that notice of any such waiver shall be given to each party hereto as set forth belowabove. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of the Company, each of the Issuers Guarantor and the Initial PurchaserPurchasers. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers Company, the Guarantors or the Initial Purchaser Purchasers from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Company or any Guarantor in any case shall entitle the Issuers Company or any Guarantor to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the part of the Company or any Issuer or the Initial Purchaser in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the Company or any Issuer or the Initial Purchaser at law or in equity or otherwise. No waiver of or consent to any departure by the Company or any Issuer or the Initial Purchaser from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, provided that notice of any such waiver shall be given to each party hereto as set forth below. Except as otherwise provided herein, no amendment, modification or termination of any No provision of this Agreement shall may be effective unless amended except in a written instrument signed in writing by or on behalf of each the Company and the Purchasers holding a majority of the Issuers and the Initial PurchaserShares. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers Company or the Initial any Purchaser from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Company in any case shall entitle the Issuers Company to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the part of any Issuer the Company, a Guarantor or the Initial Purchaser Purchasers in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any Issuer the Company, a Guarantor or the Initial Purchaser Purchasers at law or in equity or otherwise. No waiver of or consent to any departure by any Issuer the Company, a Guarantor or the Initial Purchaser Purchasers from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, provided that notice of any such waiver shall be given to each party hereto as set forth below. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of each of the Issuers Company, the Guarantors and the Initial PurchaserPurchasers. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers Company, a Guarantor or the Initial Purchaser Purchasers from the terms of any provision of this Agreement Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Company or any Guarantor in any case shall entitle the Issuers Company or any Guarantor to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. (a) No failure or delay on the part of the Company, any Issuer of the Sellers or the Initial Purchaser TD in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the Company, any Issuer of the Sellers or the Initial Purchaser TD at law or in equity or otherwiseequity. No waiver of or consent to any departure by the Company, any Issuer of the Sellers or the Initial Purchaser TD from any provision of this Agreement shall be effective unless signed in writing and signed by the party entitled to the benefit thereof, provided that notice of any such waiver shall be given to each party hereto as set forth below. Except as otherwise provided herein, no No amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing and signed by or on behalf of the Company, the May Purchasers and TD except that the provisions of Section 8.2 of the Purchase Agreement may be amended, modified or terminated by written agreement of the Company and each of the Issuers and the Initial PurchaserSellers provided that such amendment, modification or termination shall not be binding upon, or impose any obligations on, TD. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers or the Initial Purchaser from the terms of any provision of this Agreement Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers in any case shall entitle the Issuers to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the part of the Company, any Issuer Guarantor or the Initial Purchaser Purchases in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the Company, any Issuer Guarantor or the Initial Purchaser Purchasers at law or in equity or otherwise. No waiver of or consent to any departure by the Company, any Issuer Guarantor or the Initial Purchaser Purchasers from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, ; provided that notice of any such waiver shall be given to each party hereto as set forth belowabove. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of the Company, each of the Issuers Guarantor and the Initial PurchaserPurchasers. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers Company, the Guarantors or the Initial Purchaser Purchasers from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Company or any Guarantor in any case shall entitle the Issuers Company or any Guarantor to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the ----------------------------------- part of any Issuer Company, the Guarantor or the Initial Purchaser in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any Issuer Company, the Guarantor or the Initial Purchaser at law or in equity or otherwise. No waiver of or consent to any departure by any Issuer or the Initial Purchaser from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, provided that notice of any such waiver shall be given to -------- each party hereto as set forth below. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of each of the Issuers Companies, the Guarantor and the Initial Purchaser. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers Companies, the Guarantor or the Initial Purchaser from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Companies or the Guarantor in any case shall entitle the Issuers Companies or the Guarantor to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the part of any Issuer the Company, a Guarantor or the Initial Purchaser in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any Issuer the Company, a Guarantor or the Initial Purchaser at law or in equity or otherwise. No waiver of or consent to any departure by any Issuer the Company, a Guarantor or the Initial Purchaser from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, provided that notice of any such waiver shall be given to each party hereto as set forth below. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of each of the Issuers Company, the Guarantors and the Initial Purchaser. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers Company, a Guarantor or the Initial Purchaser from the terms of any provision of this Agreement Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Company or a Guarantor in any case shall entitle the Issuers Company or a Guarantor to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the part of the Agent, the Lender or any Issuer or the Initial Purchaser in Secondary Lender exercising any right, power or remedy hereunder or with respect to the Advances shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the Lender or any Issuer or the Initial Purchaser Secondary Lender, at law or in equity or otherwiseequity. No amendment, modification, supplement, termination or waiver of or consent to any departure by any Issuer or the Initial Purchaser from any provision of this Agreement shall be effective unless signed the same shall be in writing and signed by the party entitled to Borrower, the benefit thereofAgent, provided that notice of any such waiver shall be given to each party hereto as set forth below. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of each of the Issuers Lender and the Initial PurchaserSecondary Lenders. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers or the Initial Purchaser Borrower from the terms of any provision of this Agreement Agreement, shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no No notice to or demand on the Issuers Borrower in any case shall entitle the Issuers Borrower to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the part of any Issuer the Company or the Guarantors or the Initial Purchaser in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any Issuer the Company or the Guarantors or the Initial Purchaser at law or in equity or otherwise. No waiver of or consent to any departure by any Issuer the Company or the Guarantors or the Initial Purchaser from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, ; provided that notice of any such waiver shall be given to each party hereto as set forth below. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of the Company and each of the Issuers Guarantors and the Initial Purchaser. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers Company or any of the Guarantors or the Initial Purchaser from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers in any case shall entitle the Issuers to any other or further notice or demand in similar or other circumstances.or

No Waiver; Modifications in Writing. No failure or delay on the part of the Company, any Issuer Guarantor or the any Initial Purchaser in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the Company, any Issuer Guarantor or the any Initial Purchaser at law or in equity or otherwise. No waiver of or consent to any departure by the Company, any Issuer Guarantor or the any Initial Purchaser from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, ; provided that notice of any such waiver shall be given to each party hereto as set forth belowabove. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of the Company, each of the Issuers Guarantor and the each Initial Purchaser. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers Company, the Guarantors or the Initial Purchaser Purchasers from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Company in any case shall entitle the Issuers Company to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the part of the Company, any Issuer Guarantor or the Initial Purchaser Purchases in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to the Company, any Issuer Guarantor or the Initial Purchaser at law or in equity or otherwise. No waiver of or consent to any departure by the Company, any Issuer Guarantor or the Initial Purchaser from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, ; provided that notice of any such waiver shall be given to each party hereto as set forth belowabove. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of the Company, each of the Issuers Guarantor and the Initial Purchaser. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers Company, the Guarantors or the Initial Purchaser from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Company or any Guarantor in any case shall entitle the Issuers Company or any Guarantor to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the ----------------------------------- part of any Issuer the Partnership, the Company, or the Initial Purchaser Purchasers in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to any Issuer the Partnership, the Company, or the Initial Purchaser Purchasers at law or in equity or otherwise. No waiver of or consent to any departure by any Issuer the Partnership, the Company, or the Initial Purchaser Purchasers from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, provided that notice of -------- any such waiver shall be given to each party hereto as set forth below. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of each of the Issuers Partnership, the Company and the Initial PurchaserPurchasers. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers Partnership, the Company, or the Initial Purchaser Purchasers from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Partnership or the Company, in any case shall entitle the Issuers Partnership or the Company, to any other or further notice or demand in similar or other circumstances.

No Waiver; Modifications in Writing. No failure or delay on the ----------------------------------- part of any Issuer or the Initial Purchaser in exercising any right, power or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available avail able to any Issuer Company, the Guarantor or the Initial Purchaser at law or in equity or otherwise. No waiver of or consent to any departure by any Issuer or the Initial Purchaser from any provision of this Agreement shall be effective unless signed in writing by the party entitled to the benefit thereof, provided that notice of any such waiver shall be given to -------- each party hereto as set forth below. Except as otherwise provided herein, no amendment, modification or termination of any provision of this Agreement shall be effective unless signed in writing by or on behalf of each of the Issuers Companies, the Guarantor and the Initial Purchaser. Any amendment, supplement or modification of or to any provision of this Agreement, any waiver of any provision of this Agreement, and any consent to any departure by the Issuers Companies, the Guarnator or the Initial Purchaser from the terms of any provision of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on the Issuers Companies or the Guarantor in any case shall entitle the Issuers Companies or the Guarantor to any other or further notice or demand in similar or other circumstances.