Common use of Amendments, Waivers and Remedies Clause in Contracts

Amendments, Waivers and Remedies. No waivers, amendments or modifications of this Agreement and other Transaction Documents shall be valid unless in writing and signed by FRANKEL. No waiver by FRANKEL of any Event of Default shall operate as a xxxxxx of any other Evexx xx Xefault or the same Event of Default on a future occasion. Neither the failure nor any delay on the part of FRANKEL in exercising any right, power, or privilege granted pursuaxx xx this Agreement and other Transaction Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise or the exercise of any other right, power or privilege. All remedies available to FRANKEL with respect to this Agreement and other Transaction Documents and xxxxxxes available at law or in equity shall be cumulative and may be pursued concurrently or successively. TRANSACTION DOCUMENTS. The term "Transaction Documents" refers to the $1,500,000 note dated of even date herewith given by Nutritionary in favor of FRANKEL, the guaranty of dated of even date herewith given by AHDC in faxxx xx FRANKEL, the security agreement(s) dated of even date herewith given xx Xxxritionary and AHDC to FRANKEL, the pledge agreement dated of even date herewith given by Nuxxxxxxxary to FRANKEL, the Stock Purchase Agreement, the reimbursement and indemnificxxxxx xgreement dated of even date herewith given by Obligor in favor of FRANKEL, and all documents executed in connection with or related to suxx xxxxments or the Guaranteed Obligations and may include, without limitation, other guaranty agreements, security agreements, instruments, financing statements, mortgages, deeds of trust, deeds to secure debt, letters of credit and any amendments or supplements (excluding swap agreements as defined in 11 U.S. Code ss. 101).

Amendments, Waivers and Remedies. No waivers, amendments or modifications of this Agreement and other Transaction Documents shall be valid unless in writing and signed by FRANKELSIMON. No waiver by FRANKEL SIMON of any Event of Default shall operate as a xxxxxx waiver of any other Evexx xx Xefault Event of Default or the same Event of Default on a future occasion. Neither the failure nor any delay on the part of FRANKEL SIMON in exercising any right, power, or privilege granted pursuaxx xx pursuant to this Agreement and other Transaction Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise or the exercise of any other right, power or privilege. All remedies available to FRANKEL SIMON with respect to this Agreement and other Transaction Documents and xxxxxxes remedies available at law or in equity shall be cumulative and may be pursued concurrently or successively. TRANSACTION DOCUMENTS. The term "Transaction Documents" refers to the $1,500,000 note dated of even date herewith given by Nutritionary in favor of FRANKELSIMON, the guaranty of dated of even date herewith given by AHDC in faxxx xx FRANKELfavor of SIMON, the security agreement(s) dated of even date herewith given xx Xxxritionary by Nutritionary and AHDC to FRANKELSIMON, the pledge agreement dated of even date herewith given by Nuxxxxxxxary Nutritionary to FRANKELSIMON, the Stock Purchase Agreement, the reimbursement and indemnificxxxxx xgreement indemnification agreement dated of even date herewith given by Obligor in favor of FRANKELSIMON, and all documents executed in connection with or related to suxx xxxxments such documents or the Guaranteed Obligations and may include, without limitation, other guaranty agreements, security agreements, instruments, financing statements, mortgages, deeds of trust, deeds to secure debt, letters of credit and any amendments or supplements (excluding swap agreements as defined in 11 U.S. Code ss. 101).

Amendments, Waivers and Remedies. No waivers, amendments or modifications of this Agreement Guaranty and other Transaction Documents shall be valid unless in writing and signed by FRANKEL. No waiver by FRANKEL of any xx xxx Event of Default shall operate as a xxxxxx waiver of any other Evexx xx Xefault Event of Default or the same Event of Default on a future occasion. Neither the failure nor any delay on the part of FRANKEL in exercising any rightxxxxx, power, or privilege granted pursuaxx xx pursuant to this Agreement Guaranty and other Transaction Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise or the exercise of any other right, power or privilege. All remedies available to FRANKEL with respect to this Agreement Gxxxxxxx and other Transaction Documents and xxxxxxes remedies available at law or in equity shall be cumulative and may be pursued concurrently or successively. TRANSACTION DOCUMENTS. The term "Transaction Documents" refers to this Guaranty, the $1,500,000 note dated of even date herewith given by Nutritionary Borrower in favor of FRANKEL, the guaranty of dated security agreemxxxx xxted of even date herewith given by AHDC in faxxx xx FRANKELBorrower and Guarantor to FRANXXX, the security agreement(s) dated of xxx pledge agreement xxxxx xf even date herewith given xx Xxxritionary and AHDC by Borrower to FRANKEL, the pledge Stock Purchase Xxxxxxxnt, the reimbursement and indemnification agreement dated of even date herewith given by Nuxxxxxxxary to FRANKEL, the Stock Purchase Agreement, the reimbursement Borrower and indemnificxxxxx xgreement dated of even date herewith given by Obligor Guarantor in favor of FRANKELfavxx xx XXANKEL, and all documents executed exxxxxxx in connection with or related to suxx xxxxments such documents or the Guaranteed Obligations and may include, without limitation, other guaranty agreements, security agreements, instruments, financing statements, mortgages, deeds of trust, deeds to secure debt, letters of credit and any amendments or supplements (excluding swap agreements as defined in 11 U.S. Code ss. 101).

Amendments, Waivers and Remedies. No waivers, amendments or modifications of this Agreement Guaranty and other Transaction Documents shall be valid unless in writing and signed by FRANKELSIMON. No waiver by FRANKEL SIMON of xxx Xvent of Default xxxxl operate as a waiver of any other Event of Default shall operate as a xxxxxx of any other Evexx xx Xefault or the same Event of Default on a future occasion. Neither the failure nor any delay on the part of FRANKEL SIMON in exercising any right, powerxxxer, or privilege granted pursuaxx xx pursuant to this Agreement Guaranty and other Transaction Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise or the exercise of any other right, power or privilege. All remedies available to FRANKEL SIMON with respect to this Agreement Guxxxxxy and other Transaction Documents and xxxxxxes remedies available at law or in equity shall be cumulative and may be pursued concurrently or successively. TRANSACTION DOCUMENTS. The term "Transaction Documents" refers to this Guaranty, the $1,500,000 note dated of even date herewith given by Nutritionary Borrower in favor of FRANKELSIMON, the guaranty of dated thx xxxxxity agreemenxx xated of even date herewith given by AHDC in faxxx xx FRANKELBorrower and Guarantor to SIMXX, the security agreement(s) dated xxx pledge agreement xxxxd of even date herewith given xx Xxxritionary and AHDC by Borrower to FRANKELSIMON, the pledge Stoxx Xxxxhase Agreement, the reimbursement and indemnification agreement dated of even date herewith given by Nuxxxxxxxary to FRANKEL, the Stock Purchase Agreement, the reimbursement Borrower and indemnificxxxxx xgreement dated of even date herewith given by Obligor Guarantor in favor of FRANKELfavxx xx XXMON, and all documents executed exexxxxx in connection with or related to suxx xxxxments such documents or the Guaranteed Obligations and may include, without limitation, other guaranty agreements, security agreements, instruments, financing statements, mortgages, deeds of trust, deeds to secure debt, letters of credit and any amendments or supplements (excluding swap agreements as defined in 11 U.S. Code ss. 101).

Amendments, Waivers and Remedies. No waivers, amendments or modifications of this Agreement Guaranty and other Transaction Loan Documents shall be valid unless in writing and signed by FRANKELan officer of VITAQUEST. No waiver by FRANKEL VITAQUEST of any Event of Default shall operate as a xxxxxx waiver of any other Evexx xx Xefault Default or the same Event of Default on a future occasion. Neither the failure nor any delay on the part of FRANKEL VITAQUEST in exercising any right, power, or privilege granted pursuaxx xx pursuant to this Agreement Guaranty and other Transaction Loan Documents shall operate as a waiver thereof, nor shall a single or partial exercise thereof preclude any other or further exercise or the exercise of any other right, power or privilege. All remedies available to FRANKEL VITAQUEST with respect to this Agreement Guaranty and other Transaction Loan Documents and xxxxxxes remedies available at law or in equity shall be cumulative and may be pursued concurrently or successively. TRANSACTION LOAN DOCUMENTS. The term "Transaction Loan Documents" refers to the $1,500,000 3,075,000 note dated of even date herewith given by Nutritionary Borrower in favor of FRANKELVITAQUEST, this Guaranty, the guaranty of security agreements dated of even date herewith given by AHDC in faxxx xx FRANKELBorrower and Guarantor, the security agreement(s) dated LOI, the License Agreement between Borrower and VITAQUEST of even date herewith given xx Xxxritionary and AHDC to FRANKEL, the pledge agreement dated of even date herewith given by Nuxxxxxxxary to FRANKEL, the Stock Purchase Agreement, the reimbursement and indemnificxxxxx xgreement dated of even date herewith given by Obligor in favor of FRANKELherewith, and all documents executed and/or delivered in connection with or related to suxx xxxxments such documents or the Guaranteed Obligations and may include, without limitation, commitment letters or letters of intent that survive closing, loan agreements, other guaranty agreements, security agreements, instruments, financing statements, mortgages, deeds of trust, deeds to secure debt, letters of credit and any amendments or supplements (excluding swap agreements as defined in 11 U.S. Code ss. Section 101).