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 Lender’s part in enforcing any such provision shall affect the liability of any Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any 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 executing this Agreement and/or by making Advances on or after the Restatement Date, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.
Appears in 2 contracts
Samples: Revolving Credit, Term Loan and Security Agreement (NationsHealth, Inc.), Revolving Credit and Security Agreement (NationsHealth, 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 Lender’s 's part in enforcing any such provision shall affect the liability of any Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any 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 off 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 executing completing the Closing under this Agreement and/or by making Advances on or after the Restatement DateAdvances, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s 's claims and rights resulting from any such breach or misrepresentation are specifically reserved.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Western Express 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 Lender’s part in enforcing any such provision shall affect the liability of any Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any 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 executing this Agreement and/or by making Advances on or after the Restatement Closing Date, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (NationsHealth, 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 Lender’s 's part in enforcing any such provision shall affect the liability of any Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any 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 executing this Agreement and/or by making Advances or Overadvances on or after the Restatement Date, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s 's claims and rights resulting from any such breach or misrepresentation are specifically reserved.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Millstream Acquisition Corp)
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 Lender’s 's part in enforcing any such provision shall affect the liability of any Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any 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 executing completing the Closing under this Agreement and/or by making Advances on or after funding the Restatement DateTerm Loan, Lender does not waive any breach of any representation or warranty of under any Loan Document, and all of Lender’s 's claims and rights resulting from any such breach or misrepresentation are specifically reserved.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Coast Dental Services 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 Lender’s part in enforcing any such provision shall affect the liability of any Borrower or Guarantor Credit Party or operate as a waiver of such provision or affect the liability of any Borrower or Guarantor 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 executing completing the Closing under this Agreement and/or by making Advances on or after and/or funding the Restatement DateTerm Loan, neither Agent nor any Lender does not waive waives any breach of any representation or warranty of any Credit Party under any Loan Document, and all of LenderAgent’s and Lenders’ claims and rights resulting from any such breach or misrepresentation hereby specifically are specifically reserved.
Appears in 1 contract
Samples: Credit Agreement (Global Employment 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 or any Lender’s part in enforcing any such provision shall affect the liability of any Borrower or Guarantor Credit Party or operate as a waiver of such provision or affect the liability of any Borrower or Guarantor 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 executing completing the Closing under this Agreement and/or by making Advances on or after and/or funding the Restatement DateTerm Loans, neither Agent nor any Lender does not waive waives any breach of any representation or warranty of any Credit Party under any Loan Document, and all of LenderAgent’s and Lenders’ claims and rights resulting from any such breach or misrepresentation hereby specifically are specifically reserved.
Appears in 1 contract
Samples: Credit Agreement (Adam 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 Lender’s part in enforcing any such provision shall affect the liability of any Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any 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 executing this Agreement and/or by making Advances or Overadvances on or after the Restatement Date, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (NationsHealth, Inc.)