Common use of Conduct No Waiver Clause in Contracts

Conduct No Waiver. No course of dealing on the part of any Purchaser, nor any delay or failure on the part of any Purchaser to exercise any of its rights, shall operate as a waiver of such right or otherwise prejudice such Purchaser's rights, powers and remedies. If the Company fails to pay, when due, the principal of, Prepayment Fee (if any) or the interest on, the Senior Subordinated Notes, or fails to comply with any other provision of this Agreement, the Company shall pay to the Holder, to the extent permitted by law, on demand, such further amounts as shall be sufficient to cover the cost and expenses, including, but not limited to, reasonable attorney's fees, incurred by such Purchaser in collecting any sums due on the Senior Subordinated Note or in otherwise enforcing any of such Purchaser's rights.

Appears in 1 contract

Samples: Note Purchase Agreement (Jotan Inc)

AutoNDA by SimpleDocs

Conduct No Waiver. No course of dealing on the part of any Purchaser, nor any delay or failure on the part of any Purchaser to exercise any of its rights, shall operate as a waiver of such right or otherwise prejudice such Purchaser's rights, powers and remedies. If the Company fails to pay, when due, the principal of, Prepayment Fee (if any) or the interest on, the Senior Subordinated NotesNote, or fails to comply with any other provision of this Agreement, the Company shall pay to the Holdereach Purchaser, to the extent permitted by law, on demand, such further amounts as shall be sufficient to cover the cost and expenses, including, but not limited to, reasonable attorney's fees, incurred by such Purchaser in collecting any sums due on the Senior Subordinated Note or in otherwise enforcing any of such Purchaser's rights.

Appears in 1 contract

Samples: Note Purchase Agreement (Valuestar Corp)

Conduct No Waiver. No course of dealing on the part of any Purchaser, nor any delay or failure on the part of any Purchaser to exercise any of its rights, shall operate as a waiver of such right or otherwise prejudice such Purchaser's ’s rights, powers and remedies. If the Company fails Borrowers fail to pay, when due, the principal of, Prepayment Fee (if any) or the interest on, the Senior Subordinated NotesSecured Debenture, or fails fail to comply with any other provision of this AgreementAgreement or any other Loan Document, the Company Borrowers shall pay to the Holder, to the extent permitted by law, on demand, such further amounts as shall be sufficient to cover the cost and expenses, including, but not limited to, reasonable attorney's ’s fees, incurred by such Purchaser in collecting any sums due on the Senior Subordinated Note Secured Debenture or in otherwise enforcing any of such Purchaser's rights’s rights under this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Debenture Purchase Agreement (Multiband Corp)

Conduct No Waiver. No course of dealing on the part of any Purchaser, nor any delay or failure on the part of any Purchaser to exercise any of its rights, shall operate as a waiver of such right or otherwise prejudice such any Purchaser's rights, powers and remedies. If the Company fails to pay, pay when due, the principal of, Prepayment Fee the premium (if any) or the interest on, the Senior Subordinated Notes, or fails to comply with any other provision of this Agreement, the Company shall pay to the HolderPurchaser, to the extent permitted by law, on demand, such further amounts as shall be sufficient to cover the cost and expenses, including, but not limited to, reasonable attorney's fees, fees incurred by such Purchaser in collecting any sums due on the Senior Subordinated Note Notes or in otherwise enforcing any of such Purchaser's rights.

Appears in 1 contract

Samples: Note Purchase Agreement (Massic Tool Mold & Die Inc)

Conduct No Waiver. No course of dealing on the part of any Purchaser, nor any delay or failure on the part of any Purchaser to exercise any of its rights, shall operate as a waiver of such right or otherwise prejudice such Purchaser's rights, powers and remedies. If the Company fails to pay, when due, the principal of, Prepayment Yield Maintenance Fee (if any) or the interest on, the Senior Subordinated NotesNote, the Deferral Note, or any other portion of the Senior Subordinated Obligations, or fails to comply with any other provision of this Agreement, the Company shall pay to the Holder, to the extent permitted by law, on demand, such further amounts as shall be sufficient to cover the cost and expenses, including, but not limited to, reasonable attorney's attorneys' fees, incurred by such Purchaser in collecting any sums due on the Senior Subordinated Note and the Deferral Note or in otherwise enforcing any of such Purchaser's rights.

Appears in 1 contract

Samples: Note Purchase Agreement (Unique Fabricating, Inc.)

AutoNDA by SimpleDocs

Conduct No Waiver. No course of dealing on the part of any Purchaser, nor any delay or failure on the part of any Purchaser to exercise any of its rights, shall operate as a waiver of such right or otherwise prejudice such Purchaser's rights, powers and remedies. If the Company fails to pay, when due, the principal of, Prepayment Fee (if any) or the interest on, the Priority Senior Subordinated Notes, or fails to comply with any other provision of this Agreement, the Company shall pay to the Holder, to the extent permitted by law, on demand, such further amounts as shall be sufficient to cover the cost and expenses, including, but not limited to, reasonable attorney's fees, incurred by such Purchaser in collecting any sums due on the Priority Senior Subordinated Note Notes or in otherwise enforcing any of such Purchaser's rights.

Appears in 1 contract

Samples: Priority Note Purchase Agreement (Jotan Inc)

Conduct No Waiver. No course of dealing on the part of any PurchaserHolder, nor any delay or failure on the part of any Purchaser Purchasers to exercise any of its rights, shall operate as a waiver of such right or otherwise prejudice such Purchaser's Holder’s rights, powers and remedies. If the Company fails to pay, when due, the principal of, the premium (if any), Prepayment Fee (if any) ), or the interest on, the Senior Subordinated Notes, or fails to comply with any other provision of this Agreement, the Company shall pay to the HolderHolders, to the extent permitted by law, on demand, such further amounts as shall be sufficient to cover the cost and expenses, including, but not limited to, reasonable attorney's ’s fees, incurred by such Purchaser Holders in collecting any sums due on the Senior Subordinated Note Notes or in otherwise enforcing any of such Purchaser's Holder’s rights.

Appears in 1 contract

Samples: Note Purchase Agreement (Kenan Advantage Group Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.