Cure or Waiver Sample Clauses

Cure or Waiver. If: (a) an Event of Default shall occur but subsequently the required number of Lenders shall waive the rights of the Lenders and the Agent to exercise remedies on account of such Event of Default (whether temporarily or permanently and whether conditionally or absolutely); provided that neither the Lenders nor the Agent shall have any obligation to do so; and (b) The Companies shall request in writing that the Agent declare such Event of Default to have been cured or waived, whichever of those events has occurred; then the Agent shall make such declaration in writing and shall deliver a copy of the declaration to each of the Companies and each Lender. The Agent shall not declare in writing that an Event of Default has been waived unless Lenders whose approval to waive it is required by the applicable provisions of Section 14.3 have in fact done so.
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Cure or Waiver. If: (i) an Event of Default shall occur but subsequently either (x) in the reasonable judgment of the Company, Builder shall fully cure it and all of its material effects within any cure period specified in this Agreement for the cure of such Event of Default or (y) the Company shall waive the Event of Default and its rights to exercise remedies on account of its waiver (whether temporarily or permanently and whether conditionally or absolutely) provided that the Company shall have no obligation to do so, and (ii) Builder shall request in writing that the Company declare to have been cured or waived whichever of those events has occurred, then the Company shall make such declaration in writing and shall deliver a copy of the declaration to Builder.
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Cure or Waiver. If: (a) an Event of Default shall occur but subsequently the required number of Lenders shall waive the rights of the Lenders and the Agent to exercise remedies on account of such Event of Default (whether temporarily or permanently and whether conditionally or absolutely) -- provided that neither the Lenders nor the Agent shall have any obligation to do so -- or the Companies shall cure all such Events of Default and all of their material effects before acceleration of the maturity of the Loan or the Agent's exercise of remedies on account of such Event of Default; and (b) The Companies shall request in writing that the Agent declare such Event of Default to have been cured or waived, whichever of those events has occurred; then the Agent shall make such declaration in writing and shall deliver a copy of the declaration to the Companies and each Lender.
Sample 1
Cure or Waiver. If: (a) an Event of Default shall occur but subsequently the Lender shall waive its rights to exercise remedies on account of such Event of Default (whether temporarily or permanently and whether conditionally or absolutely); provided that the Lender shall have no obligation to do so; and (b) the Borrowers shall request in writing that the Lender declare such Event of Default to have been cured or waived, whichever of those events has occurred; then the Lender shall make such declaration in writing and shall deliver a copy of the declaration to each of the Borrowers.
Sample 1
Cure or Waiver. If: (a) an Event of Default shall occur but subsequently the required number of Lenders shall waive the rights of the Lenders and the Seasoned Warehouse Agent to exercise remedies on account of such Event of Default (whether temporarily or permanently and whether conditionally or absolutely); provided that neither the Lenders nor the Seasoned Warehouse Agent shall have any obligation to do so; and (b) the Borrowers shall request in writing that the Seasoned Warehouse Agent declare such Event of Default to have been cured or waived; then (but not otherwise) the Seasoned Warehouse Agent shall make such declaration in writing and shall deliver a copy of the declaration to the Borrowers and each Lender.
Sample 1
Cure or Waiver. If: (a) an Event of Default shall occur but subsequently the required number of Lenders shall waive the rights of the Lenders and the Agent to exercise remedies on account of such Event of Default (whether temporarily or permanently and whether conditionally or absolutely); provided that neither the Lenders nor the Agent shall have any obligation to do so; and (b) The Companies shall request in writing that the Agent declare to have been cured or waived whichever of those events has occurred; then the Agent shall make such declaration in writing and shall deliver a copy of the declaration to the Companies and each Lender.
Sample 1

Related to Cure or Waiver

  • Change or Waiver Any term of this Warrant may be changed or waived only by an instrument in writing signed by the party against which enforcement of the change or waiver is sought.

  • Termination or Waiver Terminate or waive any right of substantial value, other than in the ordinary course of business;

  • Modification or Waiver No amendment, modification, waiver, termination or cancellation of this Agreement shall be binding or effective for any purpose unless it is made in a writing signed by the party against whom enforcement of such amendment, modification, waiver, termination or cancellation is sought. No course of dealing between or among the parties to this Agreement shall be deemed to affect or to modify, amend or discharge any provision or term of this Agreement. No delay on the part of the Company or the Executive in the exercise of any of their respective rights or remedies shall operate as a waiver thereof, and no single or partial exercise by the Company or the Executive of any such right or remedy shall preclude other or further exercises thereof. A waiver of a right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy on any other occasion.

  • No Waiver by Lender Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and any Grantor, shall constitute a waiver of any of Lender's rights or of any of Borrower's or any Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

  • No Waiver The failure of a party to insist upon strict adherence to any term of this Agreement on any occasion shall not be considered a waiver of such party’s rights or deprive such party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement.

  • No Waiver of Default Failure by a party to insist upon strict adherence to any term of the contract does not waive that party's right to later insist upon strict adherence to that term, or any other term, of the contract.

  • No Waiver of Defaults Except as expressly set out above, this Amendment does not constitute (i) a waiver of, or a consent to, (A) any provision of the Credit Agreement or any other Loan Document not expressly referred to in this Amendment, or (B) any present or future violation of, or default under, any provision of the Loan Documents, or (ii) a waiver of Lender’s right to insist upon future compliance with each term, covenant, condition and provision of the Loan Documents.

  • MODIFICATION; NO WAIVER This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No term or condition of this Agreement will be deemed to have been waived, nor will there be any estoppel against the enforcement of any provision of this Agreement, except by written instrument by the party charged with such waiver or estoppel. No such written waiver will be deemed a continuing waiver unless specifically stated therein, and each such waiver will operate only as to the specific term or condition waived and will not constitute a waiver of such term or condition for the future or as to any other term or condition.

  • Amendment or Waiver Every right and remedy provided herein shall be cumulative with every other right and remedy, whether conferred herein, at law, or in equity, and may be enforced concurrently herewith, and no waiver by any party of the performance of any obligation by the other shall be construed as a waiver of the same or any other default then, theretofore, or thereafter occurring or existing. At any time prior to the Closing Date, this Agreement may be amended by a writing signed by all parties hereto, with respect to any of the terms contained herein, and any term or condition of this Agreement may be waived or the time for performance hereof may be extended by a writing signed by the party or parties for whose benefit the provision is intended.

  • Failure or Indulgence Not Waiver No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

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