MAKING OF A LOAN, THE ACCEPTANCE AND PURCHASE OF A B/A OR THE ISSUANCE,
AMENDMENT, RENEWAL OR EXTENSION OF A LETTER OF CREDIT
113
SHALL NOT BE CONSTRUED AS A WAIVER OF ANY DEFAULT, REGARDLESS OF WHETHER THE
ADMINISTRATIVE AGENT, ANY LENDER OR THE ISSUING BANK MAY HAVE HAD NOTICE OR
KNOWLEDGE OF SUCH DEFAULT AT THE TIME.
NO NOTICE OR DEMAND ON HOLDINGS OR
EITHER BORROWER IN ANY CASE SHALL ENTITLE HOLDINGS OR SUCH BORROWER, AS THE CASE
MAY BE, TO ANY OTHER OR FURTHER NOTICE OR DEMAND IN SIMILAR OR OTHER
CIRCUMSTANCES.
(B)
EXCEPT AS PROVIDED IN SECTION 2.21 IN CONNECTION WITH ANY COMMITMENT
INCREASE AMENDMENT, NEITHER THIS AGREEMENT NOR ANY OTHER LOAN DOCUMENT NOR ANY
PROVISION HEREOF OR THEREOF MAY BE WAIVED, AMENDED OR MODIFIED EXCEPT IN THE
CASE OF THIS AGREEMENT, PURSUANT TO AN AGREEMENT OR AGREEMENTS IN WRITING
ENTERED INTO BY THE PARENT BORROWER AND THE REQUIRED LENDERS OR, IN THE CASE OF
ANY OTHER LOAN DOCUMENT, PURSUANT TO AN AGREEMENT OR AGREEMENTS IN WRITING
ENTERED INTO BY THE ADMINISTRATIVE AGENT AND THE LOAN PARTY OR LOAN PARTIES THAT
ARE PARTIES THERETO, IN EACH CASE WITH THE CONSENT OF THE REQUIRED LENDERS,
PROVIDED THAT NO SUCH AGREEMENT SHALL (I) INCREASE THE COMMITMENT OF ANY LENDER
WITHOUT THE WRITTEN CONSENT OF SUCH LENDER (IT BEING UNDERSTOOD THAT A WAIVER OF
ANY CONDITION PRECEDENT IN SECTION 4.01 OR 4.02 OR THE WAIVER OF A DEFAULT OR AN
EVENT OF DEFAULT SHALL NOT CONSTITUTE AN INCREASE OF ANY COMMITMENT OF A LENDER
FOR PURPOSES OF THIS CLAUSE (I)), (II) REDUCE OR FORGIVE THE PRINCIPAL AMOUNT OF
ANY LOAN, B/A OR LC DISBURSEMENT OR REDUCE THE RATE OF INTEREST THEREON, OR
REDUCE OR FORGIVE ANY INTEREST OR FEES PAYABLE HEREUNDER, WITHOUT THE WRITTEN
CONSENT OF EACH LENDER AFFECTED THEREBY (IT BEING UNDERSTOOD THAT NEITHER
(A) ANY AMENDMENT TO THIS AGREEMENT THAT HAS THE EFFECT OF INCREASING
AVAILABILITY OR REFERENCE AVAILABILITY AND THAT IS APPROVED BY THE REQUIRED
LENDERS (OR, IF APPLICABLE, THE PERCENTAGE OF LENDERS REQUIRED UNDER CLAUSE
(V) OR (IX) OF THIS SECTION 9.02(B)) NOR (B) ANY WAIVER OR FORGIVENESS OF A
DEFAULT OR EVENT OF DEFAULT HEREUNDER, SHALL CONSTITUTE A REDUCTION OF THE RATE
OF INTEREST OR COMMITMENT FEES FOR PURPOSES OF THIS CLAUSE (II)), (III) POSTPONE
THE MATURITY OF ANY LOAN OR ANY SCHEDULED DATE OF PAYMENT OF THE PRINCIPAL
AMOUNT OF ANY LOAN, B/A OR LC DISBURSEMENT, OR ANY DATE FOR THE PAYMENT OF ANY
INTEREST, FEES OR OTHER OBLIGATIONS PAYABLE HEREUNDER, OR REDUCE THE AMOUNT OF,
WAIVE OR EXCUSE ANY SUCH PAYMENT, OR POSTPONE THE SCHEDULED DATE OF EXPIRATION
OF ANY COMMITMENT, WITHOUT THE WRITTEN CONSENT OF EACH LENDER AFFECTED THEREBY,
(IV) CHANGE SECTION 2.18(B), (D) OR (E) IN A MANNER THAT WOULD ALTER THE MANNER
IN WHICH PAYMENTS ARE SHARED, WITHOUT THE WRITTEN CONSENT OF (A) IN THE CASE OF
SECTION 2.18(B), EACH LENDER, (B) IN THE CASE OF SECTION 2.18(D), EACH REVOLVING
LENDER AND (C) IN THE CASE OF SECTION 2.18(E),