AND BE IN ADDITION TO (AND SHALL NOT IN
ANY WAY OTHERWISE REPLACE, SUPERSEDE, AMEND, LIMIT OR RESTRICT), THE RIGHTS,
POWERS,
8
AUTHORITIES, REMEDIES, INTERESTS, AND BENEFITS CONFERRED BY THE CREDIT AGREEMENT
AND THE LOAN DOCUMENTS.
(B)
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN
THIS AGREEMENT, THE AGENT AND THE LENDERS' EXECUTION OF OR PERFORMANCE UNDER
THIS AGREEMENT DOES NOT (AND IT SHALL NOT BE CONSTRUED SO AS TO) WAIVE,
RELINQUISH, RESTRICT OR LIMIT IN ANY WAY ANY OF THE RIGHTS, REMEDIES, CLAIMS OR
CAUSES OF ACTION THAT THE AGENT OR ANY LENDER HAS OR MAY HAVE UNDER OR WITH
RESPECT TO THE CREDIT AGREEMENT, THE LOAN DOCUMENTS, OR APPLICABLE LAW (ALL OF
WHICH ARE EXPRESSLY RESERVED) REGARDLESS OF WHETHER ANY OF THE FOREGOING RELATE
TO OR ARISE OUT OF ACTS, OMISSIONS, EVENTS OR TRANSACTIONS OCCURRING BEFORE OR
AFTER THE DATE HEREOF.
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS
AGREEMENT, THE AGENT AND THE LENDERS HEREBY EXPRESSLY RESERVE ALL RIGHTS TO TAKE
ANY AND ALL ACTIONS, AND EXERCISE ANY AND ALL REMEDIES, AUTHORIZED UNDER THE
CREDIT AGREEMENT, ANY LOAN DOCUMENT OR AT LAW OR IN EQUITY AS A RESULT OF OR
WITH RESPECT TO THE OCCURRENCE AND CONTINUANCE OF ANY EVENTS OF DEFAULT THAT
HAVE OR MAY HAVE HERETOFORE OCCURRED THEREUNDER AND ANY EVENTS OF DEFAULT THAT
MAY HEREAFTER OCCUR OR EXIST THEREUNDER.
NOTHING CONTAINED HEREIN, AND NO
ACTION TAKEN BY THE AGENT OR ANY LENDER PURSUANT HERETO OR AS PROVIDED HEREIN,
SHALL BE DEEMED TO BE A WAIVER OF ANY EVENTS OF DEFAULT.
(C)
NO DELAY ON THE PART OF THE AGENT OR ANY
LENDER IN THE EXERCISE OF ANY POWER, RIGHT OR REMEDY UNDER THIS AGREEMENT, THE
CREDIT AGREEMENT OR ANY LOAN DOCUMENT AT ANY TIME SHALL OPERATE AS A WAIVER
THEREOF, AND NO SINGLE OR PARTIAL EXERCISE BY THE AGENT OR ANY LENDER OF ANY
POWER, RIGHT OR REMEDY SHALL PRECLUDE OTHER OR FURTHER EXERCISE THEREOF OR THE
EXERCISE OF ANY OTHER POWER, RIGHT OR REMEDY.
12.
RELEASE.
IN CONSIDERATION OF THE
ACCOMMODATIONS BEING MADE AVAILABLE BY THE LENDERS TO OR FOR THE BENEFIT OF THE
BORROWERS OR GUARANTOR UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE
LENDERS' AGREEMENT TO FORBEAR, THE BORROWERS AND GUARANTOR, FOR THEMSELVES AND
THEIR RESPECTIVE AGENTS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES,
SHAREHOLDERS, OFFICERS, SUCCESSORS AND ASSIGNS, DO HEREBY REMISE, RELEASE AND
FOREVER DISCHARGE THE AGENT AND THE LENDERS AND THEIR RESPECTIVE SHAREHOLDERS,
SUBSIDIARIES, AFFILIATES, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES,
REPRESENTATIVES, OFFICERS, ATTORNEYS AND THEIR RESPECTIVE HEIRS, PERSONAL
REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF AND FROM ANY AND ALL CLAIMS,
COUNTERCLAIMS, DEMANDS, ACTIONS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER,
WHETHER AT LAW OR IN EQUITY, INCLUDING, WITHOUT LIMITATION, ANY OF THE FOREGOING
ARISING OUT OF OR RELATING TO THE CREDIT AGREEMENT AND THE LOAN DOCUMENTS, ANY
ACTS OR OMISSIONS OF ANY RELEASEE IN CONNECTION THEREWITH, THE TRANSACTIONS
DESCRIBED IN THIS AGREEMENT OR ANY PROPOSED FINANCING ARRANGEMENTS TO OR FOR THE
BENEFIT OF THE BORROWERS OR ANY GUARANTOR, OR ANY ENTITIES OWNED BY OR UNDER THE