Course of Dealing; Amendment. No course of dealing between the Lender and the Borrower shall be effective to amend, modify or change any provision of this Agreement or the other Financing Documents. The Lender shall have the right at all times to enforce the provisions of this Agreement and the other Financing Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of the Lender in refraining from so doing at any time or times. The failure of the Lender at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Financing Documents or as having in any way or manner modified or waived the same. This Agreement and the other Financing Documents to which the Borrower is a party may not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender and the Borrower.
Appears in 6 contracts
Samples: Credit Agreement, Credit Agreement (Optical Cable Corp), Special Project Loan Agreement (Optical Cable Corp)
Course of Dealing; Amendment. No course of dealing between the Lender and the Borrower Borrowers shall be effective to amend, modify or change any provision of this Agreement or the other Financing Documents. The Lender shall have the right at all times to enforce the provisions of this Agreement and the other Financing Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of the Lender in refraining from so doing at any time or times. The failure of the Lender at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Financing Documents or as having in any way or manner modified or waived the same. This Agreement and the other Financing Documents to which the Borrower is Borrowers are a party may not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender and the BorrowerBorrowers.
Appears in 3 contracts
Samples: Credit and Security Agreement (Keyw Holding Corp), Credit Agreement (International Assets Holding Corp), Credit and Security Agreement (Tvi Corp)
Course of Dealing; Amendment. No course of dealing between the Lender Borrowers and the Borrower Lender shall be effective to amend, modify or change any provision of this Agreement or the other Financing Documents. The Lender shall have the right at all times to enforce the provisions of this Agreement and the other Financing Documents in strict accordance with the provisions terms hereof and thereof, notwithstanding any conduct or custom on the part of the Lender in refraining from so doing at any time or times. The failure or delay of the Lender at any time or times to enforce its the rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Financing Documents or as having in any way or manner modified or waived the same. This Subject to the provisions of Section 7.10, this Agreement and the other Financing Documents to which the Borrower is a party may not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender and the BorrowerBorrowers.
Appears in 2 contracts
Samples: Financing Agreement (Manugistics Group Inc), Financing Agreement (Manugistics Group Inc)
Course of Dealing; Amendment. No course of dealing between the Lender Lender, the Borrower and the Borrower Property Owner shall be effective to amend, modify or change any provision of this Agreement or the other Financing Documents. The Lender shall have the right at all times to enforce the provisions of this Agreement and the other Financing Documents Documents, to the extent applicable, in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of the Lender in refraining from so doing at any time or times. The failure of the Lender at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Financing Documents or as having in any way or manner modified or waived the same. This Agreement and the other Financing Documents to which the Borrower is a party may not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender Lender, the Borrower and the Borrowerany other party thereto.
Appears in 2 contracts
Samples: Master Loan Agreement (American Community Properties Trust), Master Loan Agreement (Interstate General Co L P)
Course of Dealing; Amendment. No course of dealing between the Lender Bank and the Borrower shall be effective to amend, modify or change any provision of this Agreement or the other Financing Documents. The Lender Bank shall have the right at all times to enforce the provisions of this Agreement and the other Financing Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of the Lender Bank in refraining from so doing at any time or times. The failure of the Lender Bank at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Financing Documents or as having in any way or manner modified or waived the same. This Agreement and the other Financing Documents to which the Borrower is a party may not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender Bank and the Borrower.
Appears in 2 contracts
Samples: Master Loan and Security Agreement (Oxford Finance Corp), Master Loan and Security Agreement (Oxford Finance Corp)
Course of Dealing; Amendment. No course of dealing between the Lender and the Borrower shall be effective to amend, modify or change any provision of this Agreement or the other Financing Documents. The Lender shall have the right at all times to enforce the provisions of this Agreement and the other Financing Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of the Lender in refraining from so doing at any time or times. The failure of the Lender at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Financing Documents or as having in any way or manner modified or waived the same. This Agreement and the other Financing Documents to which the Borrower is a party may shall not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender and the Borrower.
Appears in 1 contract
Course of Dealing; Amendment. No course of dealing between the Lender and the Borrower Borrowers shall be effective to amend, modify or change any provision of this Agreement or the other Financing Loan Documents. The Lender shall have the right at all times to enforce the provisions of this Agreement and the other Financing Loan Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of the Lender in refraining from so doing at any time or times. The failure of the Lender at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Financing Loan Documents or as having in any way or manner modified or waived the same. This Agreement and the other Financing Loan Documents to which the any Borrower is a party may not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender and the Borrower.Borrowers
Appears in 1 contract
Samples: Loan, Security, and Guaranty Agreement (Precision Partners Inc)
Course of Dealing; Amendment. No course of dealing between the Lender and the Borrower shall be effective to amend, modify or change any provision of this Agreement or the other Financing Loan Documents. The Lender shall have the right at all times to enforce the provisions of this Agreement and the other Financing Loan Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of the Lender in refraining from so doing at any time or times. The failure of the Lender at any time or times to enforce its respective rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Financing Loan Documents or as having in any way or manner modified or waived the same. This Agreement and the other Financing Loan Documents to which the Borrower is a party may not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender and the Borrower.
Appears in 1 contract
Samples: Bridge Loan Agreement (VivoPower International PLC)
Course of Dealing; Amendment. No course of dealing between the Lender Bank and any one or more of the Borrower Borrowers shall be effective to amend, modify or change any provision of this Agreement or the other Financing Documents. The Lender Bank shall have the right at all times to enforce the provisions of this Agreement and the other Financing Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of the Lender Bank in refraining from so doing at any time or times. The failure of the Lender Bank at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Financing Documents or as having in any way or manner modified or waived the same. This Agreement and the other Financing Documents to which the Borrower is Borrowers are a party may not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender Bank and the BorrowerBorrowers.
Appears in 1 contract
Samples: Master Loan and Security Agreement (Gse Systems Inc)
Course of Dealing; Amendment. No course of dealing between the Lender and the Borrower Borrowers shall be effective to amend, modify or change any provision of this Agreement or the other Financing Loan Documents. The Lender shall have the right at all times to enforce the provisions of this Agreement and the other Financing Loan Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of the Lender in refraining from so doing at any time or times. The failure of the Lender at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or the other Financing Loan Documents or as having in any way or manner modified or waived the same. This Agreement and the other Financing Loan Documents to which the any Borrower is a party may not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender and the BorrowerBorrowers 9.
Appears in 1 contract
