CHANGE, WAIVER, DISCHARGE OR TERMINATION IS SOUGHT.
SECTION 10.05.
OTHER AGREEMENTS.
IF THE TERMS OF ANY
DOCUMENTS, CERTIFICATES OR AGREEMENTS DELIVERED IN CONNECTION WITH THIS CREDIT
AGREEMENT ARE INCONSISTENT WITH THE TERMS OF THE LOAN DOCUMENTS, BORROWERS SHALL
USE THEIR BEST EFFORTS TO AMEND SUCH DOCUMENT, CERTIFICATE OR AGREEMENT TO THE
SATISFACTION OF AGENT BANK TO REMOVE SUCH INCONSISTENCY.
SECTION 10.06.
COUNTERPARTS.
THIS CREDIT AGREEMENT MAY BE
EXECUTED BY THE PARTIES HERETO IN ANY NUMBER OF SEPARATE COUNTERPARTS WITH THE
SAME EFFECT AS IF THE SIGNATURES HERETO AND HEREBY WERE UPON THE SAME
INSTRUMENT.
ALL SUCH COUNTERPARTS SHALL TOGETHER CONSTITUTE BUT ONE AND THE
SAME DOCUMENT.
SECTION 10.07.
RIGHTS, POWERS AND REMEDIES ARE
CUMULATIVE.
NONE OF THE RIGHTS, POWERS AND REMEDIES CONFERRED UPON OR RESERVED
TO AGENT BANK, BANKS OR BORROWERS IN THIS CREDIT AGREEMENT ARE INTENDED TO BE
EXCLUSIVE OF ANY OTHER AVAILABLE RIGHT, POWER OR REMEDY, BUT EACH AND EVERY SUCH
RIGHT, POWER AND REMEDY SHALL BE CUMULATIVE AND NOT ALTERNATIVE, AND SHALL BE IN
ADDITION TO EVERY RIGHT, POWER AND REMEDY HEREIN SPECIFICALLY GIVEN OR NOW OR
HEREAFTER EXISTING AT LAW, IN EQUITY OR BY STATUTE.
ANY FORBEARANCE, DELAY OR
OMISSION BY AGENT BANK, BANKS OR BORROWERS IN THE EXERCISE OF ANY RIGHT, POWER
OR REMEDY SHALL NOT IMPAIR ANY SUCH RIGHT, POWER OR REMEDY OR BE CONSIDERED OR
TAKEN AS A WAIVER OR RELINQUISHMENT OF THE RIGHT TO INSIST UPON AND TO ENFORCE
IN THE FUTURE, BY INJUNCTION OR OTHER APPROPRIATE LEGAL OR EQUITABLE REMEDY, ANY
OF SAID RIGHTS, POWERS AND REMEDIES GIVEN TO AGENT BANK, BANKS OR BORROWERS
HEREIN.
THE EXERCISE OF ANY RIGHT OR PARTIAL EXERCISE THEREOF BY AGENT BANK,
BANKS OR BORROWERS SHALL NOT PRECLUDE THE FURTHER EXERCISE THEREOF AND THE SAME
SHALL CONTINUE IN FULL FORCE AND EFFECT UNTIL SPECIFICALLY WAIVED BY AN
INSTRUMENT IN WRITING EXECUTED BY AGENT BANK OR BANKS, AS THE CASE MAY BE.
SECTION 10.08.
CONTINUING REPRESENTATIONS.
ALL
AGREEMENTS, REPRESENTATIONS AND WARRANTIES MADE HEREIN SHALL SURVIVE THE
EXECUTION AND DELIVERY OF THIS CREDIT AGREEMENT, THE MAKING OF THE CREDIT
FACILITY HEREUNDER AND THE EXECUTION AND DELIVERY OF EACH OTHER LOAN DOCUMENT
UNTIL AND FINAL PAYMENT OF ALL SUMS OWING UNDER THE CREDIT FACILITY AND THE
OCCURRENCE OF BANK FACILITIES TERMINATION.
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SECTION 10.09.
SUCCESSORS AND ASSIGNS.
ALL OF THE TERMS,
COVENANTS, WARRANTIES AND CONDITIONS CONTAINED IN THIS CREDIT AGREEMENT SHALL BE
BINDING UPON AND INURE TO THE SOLE AND EXCLUSIVE BENEFIT OF THE PARTIES HERETO
AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
SECTION 10.10.
ASSIGNMENT OF LOAN DOCUMENTS BY BORROWERS
OR SYNDICATION INTERESTS BY LENDERS.
A.
THIS CREDIT AGREEMENT AND THE OTHER
LOAN DOCUMENTS TO WHICH BORROWERS ARE A PARTY WILL BE BINDING UPON AND INURE TO
THE BENEFIT OF BORROWERS, THE AGENT BANK, EACH OF THE BANKS, AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, EXCEPT THAT, BORROWERS MAY NOT ASSIGN THEIR
RIGHTS HEREUNDER OR THEREUNDER OR ANY INTEREST HEREIN OR THEREIN WITHOUT THE
PRIOR WRITTEN CONSENT OF ALL THE LENDERS.
ANY ATTEMPTED ASSIGNMENT OR
DELEGATION IN CONTRAVENTION OF