WRITING.
NO MODIFICATION,
AMENDMENT, EXTENSION, DISCHARGE, TERMINATION OR WAIVER OF ANY PROVISION OF THIS
AGREEMENT, THE SECURITY INSTRUMENT, THE NOTE AND THE OTHER LOAN DOCUMENTS, NOR
CONSENT TO ANY DEPARTURE BY BORROWER THEREFROM, SHALL IN ANY EVENT BE EFFECTIVE
UNLESS THE SAME SHALL BE IN A WRITING SIGNED BY THE PARTY AGAINST WHOM
ENFORCEMENT IS SOUGHT, AND THEN SUCH WAIVER OR CONSENT SHALL BE EFFECTIVE ONLY
IN THE SPECIFIC INSTANCE, AND FOR THE PURPOSE, FOR WHICH GIVEN.
EXCEPT AS
OTHERWISE EXPRESSLY PROVIDED HEREIN, NO NOTICE TO, OR DEMAND ON BORROWER, SHALL
ENTITLE BORROWER TO ANY OTHER OR FUTURE NOTICE OR DEMAND IN THE SAME, SIMILAR OR
OTHER CIRCUMSTANCES.
SECTION 16.3
DELAY NOT A WAIVER.
NEITHER ANY FAILURE NOR ANY DELAY ON
THE PART OF ADMINISTRATIVE AGENT OR ANY LENDER IN INSISTING UPON STRICT
PERFORMANCE OF ANY TERM, CONDITION, COVENANT OR AGREEMENT, OR EXERCISING ANY
RIGHT, POWER, REMEDY OR PRIVILEGE UNDER THIS AGREEMENT, THE SECURITY INSTRUMENT,
THE NOTE OR THE OTHER LOAN DOCUMENTS, OR ANY OTHER INSTRUMENT GIVEN AS SECURITY
THEREFOR, SHALL OPERATE AS OR CONSTITUTE A WAIVER THEREOF, NOR SHALL A
127
single or partial exercise thereof preclude any other future exercise, or the
exercise of any other right, power, remedy or privilege.
In particular, and not
by way of limitation, by accepting payment after the due date of any amount
payable under this Agreement, the Security Instrument, the Note or the other
Loan Documents, neither Administrative Agent nor any Lender shall be deemed to
have waived any right either to require prompt payment when due of all other
amounts due under this Agreement, the Security Instrument, the Note and the
other Loan Documents, or to declare a default for failure to effect prompt
payment of any such other amount.
SECTION 16.4
WAIVER OF TRIAL BY JURY.
TO THE EXTENT PERMITTED BY
APPLICABLE LEGAL REQUIREMENTS, BORROWER, ADMINISTRATIVE AGENT AND LENDERS, BY
ACCEPTANCE OF THIS AGREEMENT, HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, THE RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR
COUNTERCLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, RELATING DIRECTLY OR
INDIRECTLY TO THE LOAN, THE APPLICATION FOR THE LOAN, THIS AGREEMENT, THE NOTE,
THE SECURITY INSTRUMENT OR THE OTHER LOAN DOCUMENTS OR ANY ACTS OR OMISSIONS OF
ADMINISTRATIVE AGENT, ANY LENDER OR BORROWER.
SECTION 16.5
WAIVER OF NOTICE.
BORROWER SHALL NOT BE ENTITLED TO ANY
NOTICES OF ANY NATURE WHATSOEVER FROM ADMINISTRATIVE AGENT OR LENDERS EXCEPT (A)
WITH RESPECT TO MATTERS FOR WHICH THIS AGREEMENT SPECIFICALLY AND EXPRESSLY
PROVIDES FOR THE GIVING OF NOTICE BY ADMINISTRATIVE AGENT OR ANY LENDER TO
BORROWER AND (B) WITH RESPECT TO MATTERS FOR WHICH ADMINISTRATIVE AGENT OR ANY
LENDER ARE REQUIRED BY APPLICABLE LAW TO GIVE NOTICE, AND BORROWER HEREBY
EXPRESSLY WAIVES THE RIGHT TO RECEIVE ANY NOTICE FROM ADMINISTRATIVE AGENT OR
ANY LENDER WITH RESPECT TO ANY MATTER FOR WHICH THIS AGREEMENT DOES NOT
SPECIFICALLY AND EXPRESSLY PROVIDE FOR THE GIVING OF NOTICE BY ADMINISTRATIVE
AGENT OR ANY LENDER TO BORROWER.
SECTION 16.6
REMEDIES OF BORROWER.