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

Enforcement and Waiver by the Lender. All rights and remedies of the Lender 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. The Lender shall have the right at all times to enforce the provisions of this Agreement and the Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of the Lender in refraining from so doing at any time or times. The failure of the Lender 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 such Loan Documents or as having in any way or manner modified or waived the same.

Appears in 2 contracts

Samples: Fourth Amended Loan Agreement (Taco Cabana Inc), 01 Third Amended Loan Agreement (Taco Cabana Inc)

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Enforcement and Waiver by the Lender. All rights and remedies of the Lender 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. The Lender shall have the right at all times to enforce the provisions of this Agreement and the Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of the Lender in refraining from so doing at any time or times. The Th failure of the Lender 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 such Loan Documents or as having in any way or manner modified or waived the same.

Appears in 2 contracts

Samples: Loan Agreement (Taco Cabana Inc), Loan Agreement (Taco Cabana Inc)

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