THE OBLIGATIONS
HELD BY IT AS FULLY AS IF SUCH TRANSFEREE WERE THE DIRECT HOLDER THEREOF;
SUBJECT TO ANY AGREEMENTS BETWEEN SUCH TRANSFEREE AND THE TRANSFEROR TO SUCH
TRANSFEREE.
8.2
SURVIVAL OF REPRESENTATIONS, WARRANTIES, AND
COVENANTS.
ALL REPRESENTATIONS AND WARRANTIES OF THE BORROWERS AND ALL
COVENANTS AND AGREEMENTS HEREIN MADE SHALL SURVIVE THE EXECUTION AND DELIVERY OF
THE NOTE AND THE SECURITY INSTRUMENTS AND SHALL REMAIN IN FORCE AND EFFECT SO
LONG AS ANY OBLIGATION IS OUTSTANDING OR ANY COMMITMENT EXISTS.
8.3
NOTICES AND OTHER COMMUNICATIONS. EXCEPT AS
TO VERBAL NOTICES EXPRESSLY AUTHORIZED HEREIN, WHICH VERBAL NOTICES SHALL BE
CONFIRMED IN WRITING, ALL NOTICES, REQUESTS, AND COMMUNICATIONS HEREUNDER SHALL
BE IN WRITING (INCLUDING BY FACSIMILE). UNLESS OTHERWISE EXPRESSLY PROVIDED
HEREIN, ANY SUCH NOTICE, REQUEST, DEMAND, OR OTHER COMMUNICATION SHALL BE DEEMED
TO HAVE BEEN DULY GIVEN OR MADE WHEN DELIVERED BY HAND, OR, IN THE CASE OF
DELIVERY BY MAIL, THREE DAYS FOLLOWING DEPOSIT IN THE MAIL, CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, POSTAGE PREPAID, OR, IN THE CASE OF FACSIMILE NOTICE,
WHEN RECEIPT THEREOF IS ACKNOWLEDGED ORALLY OR BY WRITTEN CONFIRMATION REPORT,
ADDRESSED AS FOLLOWS:
(A)
IF TO THE LENDER, TO:
Texas Capital Bank, N.A.
One Riverway, Suite 2450
Houston, Texas 77056
Attention:
Jonathan Gregory
Facsimile: (713) 439-5942
(B)
IF TO THE BORROWERS, TO:
CYMRI, L.L.C.
Three Riverway, Suite 1500
Houston, Texas 77056
Attention:
Larry M. Wright
Facsimile:
(713) 975-6271
41
Any party may, by proper written notice hereunder to the others, change the
individuals or addresses to which such notices to it shall thereafter be sent.
8.4
PARTIES IN INTEREST.
SUBJECT TO THE
RESTRICTIONS ON CHANGES IN BUSINESS ENTITY STRUCTURE SET FORTH IN SECTION 6.10
AND OTHER APPLICABLE RESTRICTIONS CONTAINED HEREIN, ALL COVENANTS AND AGREEMENTS
HEREIN CONTAINED BY OR ON BEHALF OF THE BORROWERS OR THE LENDER SHALL BE BINDING
UPON AND INURE TO THE BENEFIT OF THE BORROWERS OR THE LENDER, AS THE CASE MAY
BE, AND THEIR RESPECTIVE LEGAL REPRESENTATIVES, SUCCESSORS, AND ASSIGNS.
8.5
RIGHTS OF THIRD PARTIES.
ALL PROVISIONS
HEREIN ARE IMPOSED SOLELY AND EXCLUSIVELY FOR THE BENEFIT OF THE LENDER AND THE
BORROWERS.
NO OTHER PERSON SHALL HAVE ANY RIGHT, BENEFIT, PRIORITY, OR INTEREST
HEREUNDER OR AS A RESULT HEREOF OR HAVE STANDING TO REQUIRE SATISFACTION OF
PROVISIONS HEREOF IN ACCORDANCE WITH THEIR TERMS, AND ANY OR ALL OF SUCH
PROVISIONS MAY BE FREELY WAIVED IN WHOLE OR IN PART BY THE LENDER AT ANY TIME IF
IN ITS SOLE DISCRETION IT DEEMS IT ADVISABLE TO DO SO.
8.6
RENEWALS; EXTENSIONS.
ALL PROVISIONS OF
THIS AGREEMENT RELATING TO THE NOTE SHALL APPLY WITH EQUAL FORCE AND EFFECT TO
EACH PROMISSORY NOTE HEREAFTER EXECUTED WHICH IN WHOLE OR IN PART REPRESENTS A
RENEWAL OR EXTENSION OF ANY PART OF THE INDEBTEDNESS OF THE BORROWERS UNDER THIS
AGREEMENT, THE NOTE, OR ANY OTHER LOAN DOCUMENT.
8.7
NO WAIVER; RIGHTS CUMULATIVE.
NO COURSE OF
DEALING ON THE PART OF THE LENDER, ITS OFFICERS OR EMPLOYEES, NOR ANY FAILURE OR
DELAY BY THE LENDER WITH RESPECT TO EXERCISING