Common use of Delay; No Waiver of Defaults Clause in Contracts

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender Party’s part in enforcing any such provision shall affect the liability of any Credit Party or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into this Agreement and/or by making Advances and/or maintaining the Term Loans, none of Agent, Documentation Agent or any other Lender Party waives any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s and other Lender Parties’ claims and rights resulting from any such breach or misrepresentation hereby specifically are reserved.

Appears in 4 contracts

Samples: Credit Agreement (DTLR Holding, Inc.), Credit Agreement (DTLR Holding, Inc.), Credit Agreement (DTLR Holding, Inc.)

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Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender PartyLender’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining or funding the Term LoansLoan, none of Agent, Documentation Agent or any other Lender Party waives does not waive any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation AgentLender’s and other Lender Parties’ claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Access Worldwide Communications Inc), Revolving Credit and Term Loan Agreement (World Health Alternatives Inc), Revolving Credit, Term Loan and Security Agreement (Teltronics Inc)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender Party’s part in enforcing any such provision shall affect the liability of any Credit Party or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining funding the Term Loans, none of Agent, Documentation Agent or any other Lender Party waives any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s and other Lender Parties’ claims and rights resulting from any such breach or misrepresentation hereby specifically are reserved.

Appears in 2 contracts

Samples: Credit Agreement (DTLR Holding, Inc.), Credit Agreement (DTLR Holding, Inc.)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s 's or any other Lender Party’s Lenders' part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining the Term LoansAdvances, none of Agent, Documentation neither Agent or nor any other Lender Party waives any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s 's and other Lender Parties’ Lenders' claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 2 contracts

Samples: Revolving Credit, Term Loan and Security Agreement (America Service Group Inc /De), Revolving Credit and Security Agreement (America Service Group Inc /De)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s 's or any other Lender Party’s Lenders' part in enforcing any such provision shall affect the liability of Borrower or any Credit Party Guarantor, if any, or operate as a waiver of such provision or affect the liability of Borrower or any Credit Party Guarantor, if any, or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining the Term Loans, none of Agent, Documentation neither Agent or nor any other Lender Party waives any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s 's and other Lender Parties’ Lenders' claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Redenvelope Inc), Revolving Credit and Security Agreement (Redenvelope Inc)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender PartyLender’s part in enforcing any such provision shall affect the liability of Borrower or any Credit Party Guarantor or operate as a waiver of such provision or affect the liability of Borrower or any Credit Party Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining the Term LoansAdvances, none of Agent, Documentation Agent or any other Lender Party Lenders waives any no breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation AgentLender’s and other Lender Parties’ claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 2 contracts

Samples: Credit and Security Agreement (Diamond Resorts Parent, LLC), Credit and Security Agreement (Diamond Resorts Parent, LLC)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender Party’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining Advances, neither the Term Loans, none of Agent, Documentation Agent or nor any other Lender Party waives any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s and other Lender Parties’ or any Xxxxxx’s claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 2 contracts

Samples: Loan and Security Agreement (Katapult Holdings, Inc.), Loan and Security Agreement (Katapult Holdings, Inc.)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s 's or any other Lender Party’s Lenders' part in enforcing any such provision shall affect the liability of any Credit Party or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining funding the Term Loans, none of Agent, Documentation neither Agent or nor any other Lender Party waives any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s 's and other Lender Parties’ Lenders' claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 2 contracts

Samples: Revolving Credit, Term Loan and Security Agreement (Trover Solutions Inc), Revolving Credit, Term Loan and Security Agreement (Corrpro Companies Inc /Oh/)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s 's or any other Lender Party’s Lenders' part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining the Term LoansAdvances, none of Agent, Documentation neither Agent or nor any other Lender Party waives any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s 's and other Lender Parties’ Lenders' claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Skilled Healthcare Group Inc), Revolving Credit and Security Agreement (Skilled Healthcare Group Inc)

Delay; No Waiver of Defaults. No course of of, action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender Party’s Lender's part in enforcing any such provision shall affect the liability of any Borrower or Credit Party or operate as a waiver of such provision or affect the liability of any Borrower or any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, default whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining the Term LoansAdvances, none of Agent, Documentation Agent or any other Lender Party waives does not waive any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s and other Lender Parties’ Lender's claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 1 contract

Samples: Revolving Credit Agreement (Integrated Healthcare Holdings Inc)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Transaction Document, or single or partial exercise of any such provision, or delay, failure or omission on Administrative Agent’s or any other Lender Party’s part in enforcing any such provision shall affect the liability of any Credit Loan Party or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No Loan made hereunder shall constitute a waiver of any condition to any Lender’s obligation to make such a Loan unless such waiver is in writing and executed by the Requisite Lenders. No waiver by any party to any Loan Transaction Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Transaction Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Transaction Document, by entering into this Agreement and/or by making Advances and/or maintaining the Term Loans, none of Agent, Documentation Administrative Agent or any other Lender Party waives and Lenders do not waive any breach of any representation or warranty of any Credit Party under any Uniti – Bridge Loan and Security Agreement Transaction Document, and all of Agent’s, Documentation Administrative Agent’s and other Lender Parties’ or any Lxxxxx’s claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 1 contract

Samples: Bridge Loan and Security Agreement (Uniti Group Inc.)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender PartyLender’s part in enforcing any such provision shall affect the liability of any Credit Party or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan DocumentDocument or any Revolving Loan Documents, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining and funding the Term LoansLoan, none of Agent, Documentation neither Agent or nor any other Lender Party waives any breach of any representation or warranty of any Credit Party under any Loan DocumentDocument or any Revolving Loan Documents, and all of Agent’s, Documentation Agent’s and other Lender PartiesLenders’ claims and rights resulting from any such breach or misrepresentation hereby specifically are reserved.

Appears in 1 contract

Samples: Credit Agreement (Evolving Systems Inc)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender Party’s Lender's part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining the Term LoansAdvances, none of Agent, Documentation Agent or any other Lender Party waives does not waive any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s and other Lender Parties’ Lender's claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Millstream Acquisition Corp)

Delay; No Waiver of Defaults. No course of action or dealingdelay or omission of the Administrative Agent, renewal, release Collateral Trustee or extension of any provision of Note Purchaser to exercise any Loan Document, right or single remedy hereunder or partial exercise of under any other Transaction Document shall impair any such provision, or delay, failure or omission on Agent’s or any other Lender Party’s part in enforcing any such provision shall affect the liability of any Credit Party right or operate as a waiver of such provision thereof. No single or affect partial exercise by the liability Administrative Agent, Collateral Trustee or any Note Purchaser of any Credit Party right or remedy shall preclude any other or further exercise of such provisionthereof, or preclude any other right or remedy. No waiver by any party to any Loan Transaction Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Transaction Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Transaction Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining the Term LoansNote Fundings, none of Agent, Documentation Agent or any other Lender Party waives Note Purchaser does not waive any breach of any representation or warranty of any Credit Party under any Loan Transaction Document, and all of Administrative Agent’s, Documentation AgentCollateral Trustee’s and other Lender Parties’ or any Note Purchaser’s claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 1 contract

Samples: Note Issuance and Purchase Agreement (Enova International, Inc.)

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Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Transaction Document, or single or partial exercise of any such provision, or delay, failure or omission on the Administrative Agent’s or any other Lender Party’s part in enforcing any such provision shall affect the liability of any Credit Party the Borrower or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No Borrowing made hereunder shall constitute a waiver of any condition to any Lender’s obligation to make such Borrowing unless such waiver is in writing and executed by the Requisite Lenders. No waiver by any party to any Loan Transaction Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Transaction Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Transaction Document, by entering into this Agreement and/or by making Advances and/or maintaining Borrowings, the Term Loans, none of Agent, Documentation Administrative Agent or any other Lender Party waives and Lenders do not waive any breach of any representation or warranty of any Credit Party under any Loan Transaction Document, and all of Agent’s, Documentation the Administrative Agent’s and other Lender Parties’ or any Lxxxxx’s claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 1 contract

Samples: Loan and Security Agreement (EchoStar CORP)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision provisions of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender PartyLender’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or or by making Advances and/or maintaining the Term LoansAdvances, none of Agent, Documentation Agent or any other Lender Party waives does not waive any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation AgentLender’s and other Lender Parties’ claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 1 contract

Samples: Credit and Security Agreement (Fuse Medical, Inc.)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Transaction Document, or single or partial exercise of any such provision, or delay, failure or omission on Administrative Agent’s or any other Lender Party’s part in enforcing any such provision shall affect the liability of any Credit Loan Party or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No Loan made hereunder shall constitute a waiver of any condition to any Lender’s obligation to make such a Loan unless such waiver is in writing and executed by the Requisite Lenders. No waiver by any party to any Loan Transaction Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Transaction Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Transaction Document, by entering into this Agreement and/or by making Advances and/or maintaining the Term Loans, none of Agent, Documentation Administrative Agent or any other Lender Party waives and Lenders do not waive any breach of any representation or warranty of any Credit Party under any Loan Transaction Document, and all of Agent’s, Documentation Administrative Agent’s and other Lender Parties’ or any Xxxxxx’s claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 1 contract

Samples: Bridge Loan and Security Agreement (Uniti Group Inc.)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s 's or any other Lender Party’s Lenders' part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining or funding the Term LoansLoan, none of Agent, Documentation neither Agent or nor any other Lender Party waives any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s 's and other Lender Parties’ Lenders' claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Gardenburger Inc)

Delay; No Waiver of Defaults. No course of action or dealingdelay or omission of the Administrative Agent, renewal, release Collateral Agent or extension of any provision of Note Purchaser to exercise any Loan Document, right or single remedy hereunder or partial exercise of under any other Transaction Document shall impair any such provision, or delay, failure or omission on Agent’s or any other Lender Party’s part in enforcing any such provision shall affect the liability of any Credit Party right or operate as a waiver of such provision thereof. No single or affect partial exercise by the liability Administrative Agent, Collateral Agent or any Note Purchaser of any Credit Party right or remedy shall preclude any other or further exercise of such provisionthereof, or preclude any other right or remedy. No waiver by any party to any Loan Transaction Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Transaction Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Transaction Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining the Term LoansNote Fundings, none of Agent, Documentation Agent or any other Lender Party waives Note Purchaser does not waive any breach of any representation or warranty of any Credit Party under any Loan Transaction Document, and all of Administrative Agent’s, Documentation Collateral Agent’s and other Lender Parties’ or any Note Purchaser’s claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 1 contract

Samples: Note Issuance and Purchase Agreement (Enova International, Inc.)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender PartyLender’s part in enforcing any such provision shall affect the liability of any Credit Party or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document or any Term Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining the Term LoansAdvances, none of Agent, Documentation neither Agent or nor any other Lender Party waives any breach of any representation or warranty of any Credit Party under any Loan DocumentDocument or any Term Loan Documents, and all of Agent’s, Documentation Agent’s and other Lender PartiesLenders’ claims and rights resulting from any such breach or misrepresentation hereby specifically are reserved.

Appears in 1 contract

Samples: Revolving Facility Agreement (Evolving Systems Inc)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender Party’s Lender's part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining the Term LoansAdvances, none of Agent, Documentation Agent or any other Lender Party waives does not waive any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s and other Lender Parties’ Lender's claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Synavant Inc)

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any other Lender Party’s Lenders’ part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by entering into completing the Closing under this Agreement and/or by making Advances and/or maintaining the Term LoansAdvances, none of Agent, Documentation neither Agent or nor any other Lender Party waives any breach of any representation or warranty of any Credit Party under any Loan Document, and all of Agent’s, Documentation Agent’s and other Lender PartiesLenders’ claims and rights resulting from any such breach or misrepresentation hereby are specifically are reserved.

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (America Service Group Inc /De)

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