Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of the Loan Documents in strict accordance with the terms thereof, notwithstanding any conduct or custom on the part of the Bank in refraining from so doing at any time or times. The failure of the Bank at any time or times to enforce their 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 the Loan Documents or as having in any way or manner modified or waived the same. All rights and remedies of the Bank is 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 12 contracts
Samples: Loan and Security Agreement (Symbion Inc/Tn), Loan Agreement (Symbion Inc/Tn), Loan and Security Agreement (Symbion Inc/Tn)
Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of the Loan Documents Documents, as they may be amended from time to time, in strict accordance with the terms thereoftheir terms, notwithstanding any conduct or custom on the part of the Bank in refraining from so doing at any time or times. The failure of the Bank at any time or times to enforce their 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 the Loan Documents or as having in any way or manner modified or waived the same. All rights and remedies of the Bank is 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 5 contracts
Samples: Credit Agreement (Hoku Scientific Inc), Credit Agreement (Hoku Scientific Inc), Revolving Credit Line Agreement (Sixth Business Service Group Inc)
Enforcement and Waiver by the Bank. The Bank shall have the right at all ---------------------------------- times to enforce the provisions of this Agreement and the Loan Documents documents delivered pursuant hereto in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of the Bank in refraining from so doing at any time or times. The failure of the Bank at any time or times to enforce their 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 the Loan Documents this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the Bank is 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 3 contracts
Samples: Loan and Security Agreement (Ibah Inc), Loan and Security Agreement (Ibah Inc), Loan and Security Agreement (Ibah Inc)
Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of the Loan Documents as they may be amended from time to time, in strict accordance with the terms thereoftheir terms, notwithstanding any conduct or custom on the part of the Bank in refraining from so doing at any time or times. The failure of the Bank at any time or times to enforce their 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 the Loan Documents or as having in any way or manner modified or waived the same. All rights and remedies of the Bank is 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 3 contracts
Samples: Loan Agreement (Par Pacific Holdings, Inc.), Aircraft Loan Agreement (Hawaiian Airlines Inc/Hi), Aircraft Loan Agreement (Hawaiian Airlines Inc/Hi)
Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of this Agreement and the other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of the Bank in refraining from so doing at any time or times. The failure of the Bank at any time or times to enforce their 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 the Loan Documents this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the Bank is 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 3 contracts
Samples: Loan Agreement (Ipg Photonics Corp), Loan Agreement (Ipg Photonics Corp), Loan Agreement (Ipg Photonics Corp)
Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of this Agreement and the Loan Collateral Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of the Bank in refraining from so doing at any time or times. The failure of the Bank at any time or times to enforce their 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 the Loan Documents this Agreement or as having in any way or manner modified or waived the samethis Agreement. All rights and remedies of the Bank is 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 (U S Vision Inc), Loan and Security Agreement (U S Vision Inc)
Enforcement and Waiver by the Bank. The Bank shall have the ---------------------------------- right at all times to enforce the provisions of this Agreement and the Loan Documents Note in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of the Bank in refraining from so doing at any time or times. The failure of the Bank at any time or times to enforce their 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 the Loan Documents this Agreement or as having in any way or manner modified or waived the samethis Agreement. All rights and remedies of the Bank is 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
Enforcement and Waiver by the Bank. The Bank shall have the right at all times time to enforce the provisions of the Loan Documents in strict accordance with the terms thereof, notwithstanding any conduct or custom on the part of the Bank in refraining from so doing at any time or times. The failure of the Bank at any time or times to enforce their 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 the Loan Documents or as having in any way or manner modified or waived the same. All rights and remedies of the Bank is 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 and Security Agreement (Tba Entertainment Corp)
Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of this Agreement and the Loan Collateral Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of the Bank in refraining from so doing at any time or times. The failure Failure of the Bank at any time or times to enforce their 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 the Loan Documents this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the Bank is 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: Term Loan Agreement (Humphrey Hospitality Trust Inc)