Common use of Enforcement and Waiver by Bank Clause in Contracts

Enforcement and Waiver by Bank. Bank shall have the right at all times to enforce the provisions of this Agreement, the Notes, and each of other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of Bank in refraining from so doing at any time or times. The failure of Bank 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 as having in any way or manner modified or waived the same. All rights and remedies of Bank are cumulative and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 6 contracts

Samples: Credit Agreement (Forward Air Corp), Credit Agreement (Theragenics Corp), Credit Agreement (KMG Chemicals Inc)

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Enforcement and Waiver by Bank. Bank shall have the right at all times to enforce the provisions of this Agreement, the Notes, Agreement and each of the other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of Bank in refraining from so doing at any time or times. The failure of Bank 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 as having in any way or manner modified or waived the same. All rights and remedies of Bank are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 6 contracts

Samples: Credit Agreement (CNL Healthcare Properties II, Inc.), Credit Agreement (CNL Growth Properties, Inc.), Credit Agreement (CNL Healthcare Properties, Inc.)

Enforcement and Waiver by Bank. Bank shall have the right at all times to enforce the provisions of this Agreement, the NotesNote, and each of other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of Bank in refraining from so doing at any time or times. The failure of Bank 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 as having in any way or manner modified or waived the same. All rights and remedies of Bank are cumulative and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 3 contracts

Samples: Credit Agreement (Theragenics Corp), Credit Agreement (Theragenics Corp), Credit Agreement (Theragenics Corp)

Enforcement and Waiver by Bank. Bank shall have the right at all times to enforce the provisions of this Agreement, Agreement and the Notes, and each of other Loan Collateral Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of Bank in refraining from so doing at any time or times. The failure of Bank 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 as having in any way or manner modified or waived the same. All rights and remedies of Bank are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 2 contracts

Samples: Loan and Security Agreement (Strategic Diagnostics Inc/De/), Loan and Security Agreement (Berger Holdings LTD)

Enforcement and Waiver by Bank. Bank shall have the right at all ------------------------------ times to enforce the provisions of this Agreement, the Notes, Agreement and each of other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of Bank in refraining from so doing at any time or times. The failure of Bank 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 as having in any way or manner modified or waived the same. All rights and remedies of Bank are cumulative and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 1 contract

Samples: Credit Agreement (Jones Financial Companies Lp LLP)

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Enforcement and Waiver by Bank. Bank shall have the right at all times to enforce the provisions of this Agreement, the Notes, Agreement and each of other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of Bank in refraining from so doing at any time or times. The failure of Bank 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 as having in any way or manner modified or waived the same. All rights and remedies of Bank are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 1 contract

Samples: Credit Agreement (Cole Credit Property Trust II Inc)

Enforcement and Waiver by Bank. Bank shall have the right at all times to enforce the provisions of this Agreement, Agreement and the Notes, and each of other Loan Collateral Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of Bank in refraining from so doing at any time or times. The failure of Bank at any time or times to enforce its rights under such provisions, strictly in accordance with the samesuch provisions, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this Agreement or as having in any way or manner modified or waived the samethis Agreement. All rights and remedies of Bank are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 1 contract

Samples: Loan Agreement (Kulicke & Soffa Industries Inc)

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