Common use of Course of Dealing; Waivers Clause in Contracts

Course of Dealing; Waivers. No course of dealing on the part of Bank or its officers, nor any failure or delay in the exercise of any right by Bank, shall operate as a waiver thereof, and any single or partial exercise of any such right shall not preclude any later exercise of any such right. Bank’s failure at any time to require strict performance by Borrower of any provision shall not affect any right of Bank thereafter to demand strict compliance and performance. Any suspension or waiver of a right must be in writing signed by an officer of Bank.

Appears in 20 contracts

Samples: Loan and Security Agreement (BioNano Genomics, Inc), Forbearance Agreement (Northern Power Systems Corp.), Loan and Security Agreement (BioNano Genomics, Inc)

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Course of Dealing; Waivers. No course of dealing on the part of Bank or its officers, nor any failure or delay in the exercise of any right by Bank, shall operate as a waiver thereof, and any single or partial exercise of any such right shall not preclude any later exercise of any such right. Bank’s 's failure at any time to require strict performance by Borrower of any provision shall not affect any right of Bank thereafter to demand strict compliance and performance. Any suspension or waiver of a right must be in writing signed by an officer of Bank.

Appears in 7 contracts

Samples: Forbearance Agreement (Exabyte Corp /De/), Loan and Security Agreement (Anergen Inc), Loan and Security Agreement (Pharmchem Inc)

Course of Dealing; Waivers. No course of dealing on the part of Bank or its officers, nor any failure or delay in the exercise of any right right(s) by Bank, shall operate as a waiver thereof, and any single or partial exercise of any such right right(s) shall not preclude any later exercise of any such rightright(s). Bank’s 's failure at any time to require strict performance by Borrower of any provision shall not affect any right right(s) of Bank thereafter to demand strict compliance and performance. Any suspension or waiver of a right right(s) must be in writing signed by an officer of Bank.

Appears in 2 contracts

Samples: Loan and Security Agreement and Forbearance Agreement (General Automation Inc), Loan and Security Agreement and Forbearance Agreement (General Automation Inc)

Course of Dealing; Waivers. No course of dealing on the part of Bank or its officers, nor any failure or delay in the exercise of any right by Bank, shall operate as a waiver thereof, and any single or partial exercise of any such right shall not preclude any later exercise of any such right. Bank’s 's failure at any time to require strict performance by Borrower Obligors of any provision shall not affect any right of Bank thereafter to demand strict compliance and performance. Any suspension or waiver of a right must be in writing signed by an officer of Bank.

Appears in 1 contract

Samples: Assignment, Assumption and Forbearance Agreement (Imatec LTD)

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Course of Dealing; Waivers. No course of dealing on the part -------------------------- of Bank or its officers, nor any failure or delay in the exercise of any right by Bank, shall operate as a waiver thereof, and any single or partial exercise of any such right shall not preclude any later exercise of any such right. Bank’s 's failure at any time to require strict performance by Borrower of any provision shall not affect any right of Bank thereafter to demand strict compliance and performance. Any suspension or waiver of a right must be in writing signed by an officer of Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Inktomi Corp)

Course of Dealing; Waivers. No course of dealing on the part of -------------------------- Bank or its officers, nor any failure or delay in the exercise of any right by Bank, shall operate as a waiver thereof, and any single or partial exercise of any such right shall not preclude any later exercise of any such right. Bank’s 's failure at any time to require strict performance by Borrower of any provision shall not affect any right of Bank thereafter to demand strict compliance and performance. Any suspension or waiver of a right must be in writing signed by an officer of Bank.

Appears in 1 contract

Samples: Loan and Security Agreement (Inktomi Corp)

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