Common use of Amendment and Waiver; Duplicate Originals Clause in Contracts

Amendment and Waiver; Duplicate Originals. This Agreement may be amended, and the observance of any term of this Agreement may be waived, with (and only with) the written consent of the Companies and the Bank; provided however that nothing herein shall change the Bank's sole discretion (as set forth elsewhere in this Agreement) to make advances, determinations, decisions, or to take or refrain from taking other actions. No delay or failure or other course of conduct by the Bank in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right. Two or more duplicate originals of this Agreement may be signed by the parties, each of which shall be an original but all of which together shall constitute one and the same instrument.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lexford Residential Trust /Md/), Loan and Security Agreement (Lexford Inc)

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Amendment and Waiver; Duplicate Originals. This Agreement may be amended, and the observance of any term of this Agreement may be waived, with (and only with) the written consent of the Companies Company and the Bank; provided however that nothing herein shall change the Bank's sole discretion (as set forth elsewhere in this Agreement) to make advances, determinations, decisions, decisions or to take or refrain from taking other actions. No delay or failure or other course of conduct by the Bank in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right. Two or more duplicate originals of this Agreement may be signed by the parties, each of which shall be an original but all of which together shall constitute one and the same instrument.

Appears in 1 contract

Samples: Loan and Security Agreement (Insurance Management Solutions Group Inc)

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Amendment and Waiver; Duplicate Originals. This Agreement may be amended, and the observance of any term of this Agreement may be waived, with (and only with) the written consent of the Companies and the Bank; provided however PROVIDED HOWEVER that nothing herein shall change the Bank's sole discretion (as set forth elsewhere in this the Loan Agreement) to make advances, determinations, decisions, or to take or refrain from taking other actions. No delay or failure or other course of conduct by the Bank in the exercise of any power or right shall operate as a waiver thereof; nor shall any single or partial exercise of the same preclude any other or further exercise thereof, or the exercise of any other power or right. Two or more duplicate originals of this Agreement Amendment may be signed by the parties, each of which shall be an original but all of which together shall constitute one and the same instrument.

Appears in 1 contract

Samples: Loan and Security Agreement (Lexford Residential Trust /Md/)

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