No failure on the part of the Depositary Bank, the Collateral Agent or any First Lien Secured Party or any of their nominees or representatives to exercise, and no course of dealing with respect to, and no delay in exercising, any right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise by the Depositary Bank, the Collateral Agent or any First Lien Secured Party or any of their nominees or representatives of any right, power or remedy.