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

Enforcement and Waiver by the Lenders. The Lenders, or the Agent on behalf of the Lenders, 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 their respective terms, notwithstanding any conduct or custom on the part of any of the Lenders or the Agent in refraining from so doing at any time or times. The failure of the Lenders or the Agent 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. No single or partial exercise of any right by any Lender or the Agent shall preclude the further or other exercise thereof. All rights and remedies of the Lenders and Agent 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 Credit and Term Loan Agreement (Maui Land & Pineapple Co Inc)

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Enforcement and Waiver by the Lenders. The Lenders, or the Agent on behalf of the Lenders, 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 their respective terms, notwithstanding any conduct or custom on the part of any of the Lenders or the Agent in refraining from so doing at any time or times. The failure of the Lenders or the Agent at any time or times to enforce their rights under such provisionspro visions, 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. No single or partial exercise of any right by any Lender or the Agent shall preclude the further or other exercise thereof. All rights and remedies of the Lenders and Agent 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 Credit and Term Loan Agreement (Maui Land & Pineapple Co Inc)

Enforcement and Waiver by the Lenders. The Lenders, or the Agent on behalf of the Lenders, Lenders shall have the right at all times to enforce the provisions of the Loan Documents, as they may be amended from time to time, this Agreement in strict accordance with their respective termsthe terms of this Agreement, notwithstanding any conduct or custom on the part of any of the Lenders or the Agent in refraining from so doing at any time or timestime, unless the Lenders shall have waived such enforcement in writing with respect to a particular instance. The failure of the Lenders or the Agent at any time or times to enforce their rights under such provisions, strictly in accordance with the same, provisions shall not be construed as having created a custom or course of dealing in any way or manner contrary to the specific provisions of the Loan Documents this Agreement, or as having in any way or manner modified or waived the same. No single or partial exercise of any right by any Lender or the Agent shall preclude the further or other exercise thereofsuch rights. All rights rights, powers and remedies of the Lenders and Agent are cumulative and concurrent and the exercise of one right right, power or remedy shall not be deemed a waiver or release of any other right right, power or remedy.

Appears in 1 contract

Samples: Credit Agreement (Trendwest Resorts Inc)

Enforcement and Waiver by the Lenders. The Lenders, or Agent and the Agent on behalf of the Lenders, Lenders shall have the right at all times to enforce the provisions of the this Agreement and all Loan Documents, as they may be amended from time to time, Documents in strict accordance with their respective termsthe terms hereof and thereof, notwithstanding any conduct or custom on the part of any of the Agent or the Lenders or the Agent in refraining from so doing at any time or timestime, unless the Lenders shall have waived such enforcement in writing in respect of a particular instance. The failure of the Lenders Agent or the Agent Lenders at any time or times to enforce their rights under such provisions, strictly in accordance with the same, provisions shall not be construed as having created a custom or course of dealing in any way or manner contrary to the specific provisions of this Agreement or the Loan Documents Documents, or as having in any way or manner modified or waived the same. No single or partial exercise of any right by any Lender or the Agent shall preclude the further or other exercise thereof. All rights rights, powers and remedies of the Agent and the Lenders and Agent are cumulative and concurrent and the exercise of one right right, power or remedy shall not be deemed a waiver or release of any other right right, power or remedy.

Appears in 1 contract

Samples: Credit Agreement (Crown Castle International Corp)

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Enforcement and Waiver by the Lenders. The Lenders, or Administrative Agent and the Agent on behalf of the Lenders, Lenders shall have the right at all times to enforce the provisions of the Loan Documents, as they may be amended from time to time, this Agreement and all Collateral Documents in strict accordance with their respective termsthe terms hereof and thereof, notwithstanding any conduct or custom on the part of any of the Administrative Agent or the Lenders or the Agent in refraining from so doing at any time time, unless the Administrative Agent or timesthe Lenders shall have waived such enforcement in writing in respect of a particular instance. The failure of the Lenders Administrative Agent or the Agent Lenders at any time or times to enforce their rights under such provisions, strictly in accordance with the same, provisions shall not be construed as having created a custom or course of dealing in any way or manner contrary to the specific provisions of this Agreement or the Loan Documents Collateral Documents, or as having in any way or manner modified or waived the same. No single or partial exercise of any right by any Lender or the Agent shall preclude the further or other exercise thereof. All rights rights, powers and remedies of the Administrative Agent and the Lenders and Agent are cumulative and concurrent and the exercise of one right right, power or remedy shall not be deemed a waiver or release of any other right right, power or remedy.

Appears in 1 contract

Samples: Credit Agreement (Entercom Communications Corp)

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