Common use of Enforcement and Waiver by the Bank Clause in Contracts

Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of this Agreement, the Note and the other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding and 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 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 the specific provisions of this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the 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 (International Rectifier Corp /De/)

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Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of this Agreement, the Note and the other Loan Collateral Documents in strict accordance with the terms hereof and thereof, notwithstanding and 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 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 the specific provisions of this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the 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: Revolving Loan Agreement (Iomega Corp)

Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of this Agreement, the Note Agreement and the other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding and 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 its rights under such provisions, strictly in accordance with the same, shall not be construed as as, having created a custom in any way or manner contrary to the specific provisions of this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the 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 (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, the Note Loan Agreements, and the other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding and 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 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 the specific provisions of this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the 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: Restructuring Agreement (Display Technologies Inc)

Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of this Agreement, the Note each Note, and each of the other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding and 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 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 the specific provisions of this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the 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: Term Loan Agreement (KMG Chemicals Inc)

Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of this Agreement, the Note Agreement and the other Loan Ancillary Documents in strict accordance with the terms hereof and thereof, notwithstanding and 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 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 the specific provisions of this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the 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 (Fibercore Inc)

Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of this Agreement, the Note Agreement and the other Loan Documents agreements to be delivered pursuant hereto in strict accordance with the terms hereof and thereof, notwithstanding and 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 its rights under such provisions, provisions strictly in accordance with the same, same shall not be construed as having created a custom in any way or manner contrary to the specific provisions of this Agreement or thereof or as having in any way or manner modified or waived the same. All rights and remedies of the Bank are cumulative and concurrent and the exercise of one right or remedy shall do not be deemed constitute a waiver or release of any other right or remedy.

Appears in 1 contract

Samples: Loan Agreement (DecisionPoint Systems, Inc.)

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Enforcement and Waiver by the Bank. The Bank shall have the ---------------------------------- right at all times to enforce the provisions of this Agreement, the Note Agreement and the other Loan Collateral Documents in strict accordance with the terms hereof and thereof, notwithstanding and 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 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 the specific provisions of this Agreement or as having in any way or manner modified or waived the samethis Agreement. All rights and remedies of the 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)

Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of this Agreement, the Note Term Note, and the other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding and 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 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 the specific provisions of this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the 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: Term Loan Agreement (KMG B Inc)

Enforcement and Waiver by the Bank. The Bank shall have the right at all times to enforce the provisions of this Agreement, the Note Revolving Note, and the other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding and 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 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 the specific provisions of this Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the 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: Revolving Loan Agreement (KMG B Inc)

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