Common use of Course of Dealing; Amendment Clause in Contracts

Course of Dealing; Amendment. No course of dealing between Lender and Guarantor shall be effective to amend, modify or change any provision of this Agreement or the other Loan Documents. Lender shall have the right at all times to enforce the provisions of this Agreement and the other Loan Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of Lender in refraining from so doing at any time or times. The failure of 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 Loan Documents or as having in any way or manner modified or waived the same. This Agreement may not be amended, modified, or changed in any respect except by an agreement in writing signed by Lender and Guarantor.

Appears in 2 contracts

Samples: Guaranty Agreement (Arv Assisted Living Inc), Guaranty Agreement (American Retirement Villas Properties Iii LTD Partnership)

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Course of Dealing; Amendment. No course of dealing between Lender and Guarantor Pledgor shall be effective to amend, modify or change any provision of this Agreement or the other Loan Documents. Lender shall have the right at all times to enforce the provisions of this Agreement and the other Loan Documents in strict accordance with the provisions hereof and thereof, notwithstanding any conduct or custom on the part of Lender in refraining from so doing at any time or times. The failure of 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 Loan Documents or as having in any way or manner modified or waived the same. This Agreement may not be amended, modified, or changed in any respect except by an agreement in writing signed by Lender and GuarantorPledgor.

Appears in 2 contracts

Samples: Cash Collateral Pledge Agreement (American Retirement Villas Properties Iii LTD Partnership), Cash Collateral Pledge Agreement (Arv Assisted Living Inc)

Course of Dealing; Amendment. No course of dealing between the Lender and Guarantor the Borrower shall be effective to amend, modify or change any provision of this Agreement or the other Loan Documents. The Lender shall have the right at all times to enforce the provisions of this Agreement and the other 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 Loan Documents or as having in any way or manner modified or waived the same. This Agreement and the other Loan Documents may not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender and Guarantorthe Borrower.

Appears in 1 contract

Samples: Bridge Loan Agreement (VivoPower International PLC)

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Course of Dealing; Amendment. No course of dealing between the Lender and Guarantor the Pledgor shall be effective to amend, modify or change any provision of this Agreement Agreement, the Note or the any other Loan Collateral Documents. The Lender shall have the right at all times to enforce the provisions of this Agreement Agreement, the Note and the each other Loan Collateral 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 the Note, this Agreement or the other Loan Collateral Documents or as having in any way or manner modified or waived the same. This Agreement may not be amended, modified, or changed in any respect except by an agreement in writing signed by the Lender and Guarantorthe Pledgor.

Appears in 1 contract

Samples: Pledge and Security Agreement (Mma Capital Management, LLC)

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