HEREOF (OR, IN THE CASE OF ANY SUBSIDIARY PARTY BECOMING
A PARTY HERETO PURSUANT TO SECTION 7.14, THE DATE OF THE SUPPLEMENT HERETO
EXECUTED AND DELIVERED BY SUCH SUBSIDIARY PARTY). ANY CONTRIBUTING PARTY MAKING
ANY PAYMENT TO A CLAIMING PARTY PURSUANT TO THIS SECTION SHALL
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BE SUBROGATED TO THE RIGHTS OF SUCH CLAIMING PARTY UNDER SECTION 6.01 TO THE
EXTENT OF SUCH PAYMENT.
SECTION 6.03. SUBORDINATION. (A)
NOTWITHSTANDING ANY PROVISION OF THIS
AGREEMENT TO THE CONTRARY, ALL RIGHTS OF THE SUBSIDIARY PARTIES UNDER
SECTIONS 6.01 AND 6.02 AND ALL OTHER RIGHTS OF INDEMNITY, CONTRIBUTION OR
SUBROGATION UNDER APPLICABLE LAW OR OTHERWISE SHALL BE FULLY SUBORDINATED TO THE
INDEFEASIBLE PAYMENT IN FULL IN CASH OF THE OBLIGATIONS. NO FAILURE ON THE PART
OF SYMMETRY, EITHER BORROWER OR ANY SUBSIDIARY PARTY TO MAKE THE PAYMENTS
REQUIRED BY SECTIONS 6.01 AND 6.02 (OR ANY OTHER PAYMENTS REQUIRED UNDER
APPLICABLE LAW OR OTHERWISE) SHALL IN ANY RESPECT LIMIT THE OBLIGATIONS AND
LIABILITIES OF SYMMETRY, EITHER BORROWER OR ANY SUBSIDIARY PARTY WITH RESPECT TO
ITS OBLIGATIONS HEREUNDER, AND EACH SUCH PERSON SHALL REMAIN LIABLE FOR THE FULL
AMOUNT OF ITS OBLIGATIONS HEREUNDER.
ARTICLE VII
MISCELLANEOUS
SECTION 7.01. NOTICES. ALL COMMUNICATIONS AND NOTICES HEREUNDER SHALL (EXCEPT AS
OTHERWISE EXPRESSLY PERMITTED HEREIN) BE IN WRITING AND GIVEN AS PROVIDED IN
SECTION 9.01 OF THE CREDIT AGREEMENT. ALL COMMUNICATIONS AND NOTICES HEREUNDER
TO ANY SUBSIDIARY PARTY SHALL BE GIVEN TO IT IN CARE OF SYMMETRY AS PROVIDED IN
SECTION 9.01 OF THE CREDIT AGREEMENT.
SECTION 7.02. WAIVERS; AMENDMENT. (A)
NO FAILURE OR DELAY BY THE ADMINISTRATIVE
AGENT, ANY ISSUING BANK OR ANY LENDER IN EXERCISING ANY RIGHT OR POWER HEREUNDER
OR UNDER ANY OTHER LOAN DOCUMENT SHALL OPERATE AS A WAIVER THEREOF, NOR SHALL
ANY SINGLE OR PARTIAL EXERCISE OF ANY SUCH RIGHT OR POWER, OR ANY ABANDONMENT OR
DISCONTINUANCE OF STEPS TO ENFORCE SUCH A RIGHT OR POWER, PRECLUDE ANY OTHER OR
FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER RIGHT OR POWER. THE RIGHTS
AND REMEDIES OF THE ADMINISTRATIVE AGENT, THE ISSUING BANKS AND THE LENDERS
HEREUNDER AND UNDER THE OTHER LOAN DOCUMENTS ARE CUMULATIVE AND ARE NOT
EXCLUSIVE OF ANY RIGHTS OR REMEDIES THAT THEY WOULD OTHERWISE HAVE. NO WAIVER OF
ANY PROVISION OF THIS AGREEMENT OR CONSENT TO ANY DEPARTURE BY ANY LOAN PARTY
THEREFROM SHALL IN ANY EVENT BE EFFECTIVE UNLESS THE SAME SHALL BE PERMITTED BY
PARAGRAPH (B) OF THIS SECTION, AND THEN SUCH WAIVER OR CONSENT SHALL BE
EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE PURPOSE FOR WHICH GIVEN.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE MAKING OF A LOAN,
ACCEPTANCE OF A BA OR ISSUANCE OF A LETTER OF CREDIT SHALL NOT BE CONSTRUED AS A
WAIVER OF ANY DEFAULT, REGARDLESS OF WHETHER THE ADMINISTRATIVE AGENT, ANY
LENDER OR ANY ISSUING BANK MAY HAVE HAD NOTICE OR KNOWLEDGE OF SUCH DEFAULT AT
THE TIME. NO NOTICE OR DEMAND ON ANY LOAN PARTY IN ANY CASE SHALL ENTITLE ANY
LOAN PARTY TO ANY OTHER OR