OTHER DEFAULT.
NO FAILURE TO EXERCISE AND NO DELAY ON THE PART OF THE
AGENT OR ANY LENDER IN EXERCISING ANY RIGHT OR POWER UNDER ANY LOAN DOCUMENT OR
AT LAW OR IN EQUITY SHALL OPERATE AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR
PARTIAL EXERCISE OF ANY SUCH RIGHT OR POWER, OR THE ABANDONMENT OR
DISCONTINUANCE OF
56
STEPS TO ENFORCE ANY SUCH RIGHT OR POWER, PRECLUDE ANY FURTHER OR OTHER EXERCISE
THEREOF OR THE EXERCISE OF ANY OTHER RIGHT OR POWER.
NO COURSE OF DEALING
BETWEEN THE COMPANY AND THE AGENT OR ANY LENDER SHALL OPERATE AS A WAIVER OF ANY
RIGHT OR POWER OF THE AGENT OR ANY LENDER.
NO AMENDMENT, MODIFICATION OR WAIVER
OF ANY PROVISION OF THIS AGREEMENT OR ANY OTHER LOAN DOCUMENT NOR ANY CONSENT TO
ANY DEPARTURE THEREFROM SHALL BE EFFECTIVE UNLESS THE SAME IS IN WRITING AND
SIGNED BY THE PERSON AGAINST WHOM IT IS SOUGHT TO BE ENFORCED, AND THEN IT SHALL
BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE PURPOSE FOR WHICH GIVEN.
NO NOTICE TO OR DEMAND ON THE COMPANY OR ANY OTHER PERSON SHALL ENTITLE THE
COMPANY OR ANY OTHER PERSON TO ANY OTHER OR FURTHER NOTICE OR DEMAND IN SIMILAR
OR OTHER CIRCUMSTANCES.
SECTION 9.2
NOTICES.
(A)
ALL NOTICES AND OTHER COMMUNICATIONS PROVIDED FOR HEREUNDER SHALL
BE EITHER (X) IN WRITING (INCLUDING FACSIMILE OR ELECTRONIC COMMUNICATION) AND
MAILED, FAXED OR DELIVERED OR (Y) AS AND TO THE EXTENT SET FORTH IN
SECTION 9.2(B) AND IN THE PROVISO TO THIS SECTION 9.2(A), IN AN ELECTRONIC
MEDIUM AND DELIVERED AS SET FORTH IN SECTION 9.2(B), IF TO ANY LOAN PARTY, TO
THE COMPANY AT ITS ADDRESS AT 550 BOWIE STREET, AUSTIN, TEXAS 78703, ATTENTION:
GLENDA CHAMBERLAIN AND CHIEF FINANCIAL OFFICER, FAXED TO: 512-482-7205, WITH
COPY TO THE GENERAL COUNSEL'S OFFICE AT THE SAME ADDRESS AND FAXED TO
512-482-7217; IF TO ANY INITIAL LENDER PARTY TO THIS AGREEMENT ON DATE HEREOF,
AT THE ADDRESS SPECIFIED FOR SUCH LENDER ON SCHEDULE 2.1(A) HERETO; IF TO ANY
OTHER LENDER, AT THE ADDRESS SPECIFIED IN THE ASSIGNMENT AND ACCEPTANCE PURSUANT
TO WHICH IT BECAME A LENDER; IF TO THE AGENT, AT ITS ADDRESS AT
221 W.
6TH STREET, 2ND FLOOR, AUSTIN, TEXAS 78701, MAIL CODE TX3-8229, ATTENTION:
MANAGER, COMMERCIAL LENDING GROUP, FAX: 512-479-2814; OR, AS TO ANY PARTY, AT
SUCH OTHER ADDRESS AS SHALL BE DESIGNATED BY SUCH PARTY IN A WRITTEN NOTICE TO
THE OTHER PARTIES; PROVIDED, HOWEVER, THAT MATERIALS AND INFORMATION DESCRIBED
IN SECTION 9.2(B) SHALL BE DELIVERED TO THE AGENT IN ACCORDANCE WITH THE
PROVISIONS THEREOF OR AS OTHERWISE SPECIFIED TO THE COMPANY BY THE AGENT.
EXCEPT AS OTHERWISE PROVIDED HEREIN, ALL NOTICES, CONSENTS, CERTIFICATES,
WAIVERS, DOCUMENTS AND OTHER COMMUNICATIONS REQUIRED OR PERMITTED TO BE
DELIVERED TO ANY PARTY UNDER THE TERMS OF ANY LOAN DOCUMENT (A) MUST BE IN
WRITING, (B) MUST BE PERSONALLY DELIVERED, TRANSMITTED BY A RECOGNIZED COURIER
SERVICE OR TRANSMITTED BY FACSIMILE, AND (C) MUST BE DIRECTED TO SUCH PARTY AT
ITS