Common use of Failure to Exercise Rights Clause in Contracts

Failure to Exercise Rights. Nothing herein contained shall impose upon the Lender any obligation to enforce any terms, covenants or conditions contained in this Loan Agreement and the other Loan Documents. Failure of the Lender, in any one or more instances, to insist upon strict performance by the Borrower of any terms, covenants or conditions of this Loan Agreement and the other Loan Documents, shall not be considered or taken as a waiver or relinquishment by the Lender of its right to insist upon and to enforce in the future, by injunction or other appropriate legal or equitable remedy, strict compliance by the Borrower with all the terms, covenants and conditions of this Loan Agreement and the other Loan Documents. The consent of the Lender to any act or omission by the Borrower shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the Lender's consent to be obtained in any future or other instance.

Appears in 3 contracts

Samples: Credit Loan Agreement (Intelligroup Inc), Security Agreement (Diagnostic Retrieval Systems Inc), Diagnostic Retrieval Systems Inc

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Failure to Exercise Rights. Nothing herein contained shall impose upon the Lender any obligation to enforce any terms, covenants or conditions contained in this Loan Agreement and the other Loan Documents. Failure of the Lender, in any one or more instances, to insist upon strict performance by the Borrower of any terms, covenants or conditions of this Loan Agreement and the other Loan Documents, shall not be considered or taken as a waiver or relinquishment by the Lender of its right to insist upon and to enforce in the future, by injunction or other appropriate legal or equitable remedy, strict compliance by the Borrower with all the terms, covenants and conditions of this Loan Agreement and the other Loan Documents. The consent of the Lender to any act or omission by the Borrower shall not be construed to be a consent to any other or subsequent act or omission or to waive a waiver of the requirement for the Lender's consent to be obtained in any future or other instance.

Appears in 2 contracts

Samples: Loan and Security Agreement (Travis Boats & Motors Inc), Loan and Security Agreement (Greka Energy Corp)

Failure to Exercise Rights. Nothing herein contained shall impose upon the Lender any obligation to enforce any terms, covenants or conditions contained in this Loan Agreement and the other Loan Documents. Failure of the Lender, in any one or more instances, to insist upon strict performance by the Borrower of any terms, covenants or conditions of this Loan Agreement and the other Loan Documents, shall not be considered or taken as a waiver or relinquishment by the Lender of its right to insist upon and to enforce in the future, by injunction or other appropriate legal or equitable remedy, strict compliance by the Borrower with all the terms, covenants and conditions of this Loan Agreement and the other Loan Documents. The consent of the Lender to any act or omission by the Borrower shall not be construed to be a consent to any other or subsequent act or omission or to waive a waiver of the requirement for the Lender's ’s consent to be obtained in any future or other instance.

Appears in 2 contracts

Samples: Loan and Security Agreement (American Leisure Holdings, Inc.), Loan and Security Agreement (American Leisure Holdings, Inc.)

Failure to Exercise Rights. Nothing herein contained shall impose upon the Lender any obligation to enforce any terms, covenants or conditions contained in this Loan Agreement and the other Loan Documents. Failure of the Lender, in any one or more instances, to insist upon strict performance by the Borrower Co-Borrowers of any terms, covenants or conditions of this Loan Agreement and the other Loan Documents, shall not be considered or taken as a waiver or relinquishment by the Lender of its right to insist upon and to enforce in the future, by injunction or other appropriate legal or equitable remedy, strict compliance by the Borrower Co-Borrowers with all the terms, covenants and conditions of this Loan Agreement and the other Loan Documents. The consent of the Lender to any act or omission by the Borrower Co- Borrowers shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the Lender's ’s consent to be obtained in any future or other instance.. Section 9.08

Appears in 1 contract

Samples: Credit Loan Agreement by And (Wayside Technology Group, Inc.)

Failure to Exercise Rights. Nothing herein contained shall impose upon the Lender or Borrowers any obligation to enforce any terms, covenants or conditions contained in this Loan Agreement and the other Loan Documentsherein. Failure of the LenderLender or Borrowers, in any one or more instances, to insist upon strict performance by the Borrower Borrowers or Lender of any terms, covenants or conditions of this Loan Credit Agreement and or the other Loan Documents, shall not be considered or taken as a waiver or relinquishment by the Lender or Borrowers of its their right to insist upon and to enforce in the future, by injunction or other appropriate legal or equitable remedy, strict compliance by the Borrower Borrowers or Lender with all the terms, covenants and conditions of this Loan Credit Agreement and the other Loan Documents. The consent of the Lender or Borrowers to any act or omission by the Borrower Borrowers or Lender shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the Lender's or Borrowers' consent to be obtained in any future or other instance.

Appears in 1 contract

Samples: Credit Agreement (Shuffle Master Inc)

Failure to Exercise Rights. Nothing herein contained shall impose upon the Lender any obligation to enforce any terms, covenants or conditions contained in this Loan the Agreement and the other Loan Documents. Failure of the Lender, in any one or more instances, to insist upon strict performance by the Borrower of any terms, covenants or conditions of this Loan the Agreement and the other Loan Documents, shall not be considered or taken as a waiver or relinquishment by the Lender of its right to insist upon and to enforce in the future, by injunction or other appropriate legal or equitable remedy, strict compliance by the Borrower with all the terms, covenants and conditions of this Loan the Agreement and the other Loan Documents. The consent of the Lender to any act or omission by the Borrower shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the Lender's ’s consent to be obtained in any future or other instance.

Appears in 1 contract

Samples: Loan Agreement (Highland Hospitality Corp)

Failure to Exercise Rights. Nothing herein contained shall -------------------------- impose upon the Lender any obligation to enforce any terms, covenants or conditions contained in this Loan Agreement and the other Loan Documents. Failure of the Lender, in any one or more instances, to insist upon strict performance by the Borrower of any terms, covenants or conditions of this Loan Agreement and the other Loan Documents, shall not be considered or taken as a waiver or relinquishment by the Lender of its right to insist upon and to enforce in the future, by injunction or other appropriate legal or equitable remedy, strict compliance by the Borrower with all the terms, covenants and conditions of this Loan Agreement and the other Loan Documents. The consent of the Lender to any act or omission by the Borrower shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the Lender's consent to be obtained in any future or other instance.

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (Saga Systems Inc /De/)

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Failure to Exercise Rights. Nothing herein contained shall impose upon the Lender Lenders or Borrower any obligation to enforce any terms, covenants or conditions contained in this Loan Agreement and the other Loan Documentsherein. Failure of the LenderLenders or Borrower, in any one or more instances, to insist upon strict performance by the Borrower or Lenders of any terms, covenants or conditions of this Loan Agreement and or the other Loan Documents, Documents shall not be considered or taken as a waiver or relinquishment by the Lender Lenders or Borrower of its their right to insist upon and to enforce in the future, by injunction or other appropriate legal or equitable remedy, strict compliance by the Borrower or Lenders with all the terms, covenants and conditions of this Loan Agreement and the other Loan Documents. The consent of the Lender Lenders or Borrower to any act or omission by the Borrower or Lenders shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the LenderLenders' or Borrower's consent to be obtained in any future or other instance.

Appears in 1 contract

Samples: Loan Agreement (Sands Regent)

Failure to Exercise Rights. Nothing herein contained shall impose upon the Lender any obligation to enforce any terms, covenants or conditions contained in this Loan Agreement and the other Loan DocumentsNote. Failure of the Lender, in any one or more instances, instances to insist upon strict performance by the Borrower of any terms, covenants or conditions of this Loan Agreement and Note or any document, agreement, instrument or certificate executed by the other Loan DocumentsBorrower in connection with this Note, shall not be considered or taken as a waiver or relinquishment by the Lender of its right to insist upon and to enforce in the future, by injunction or other appropriate legal or equitable remedy, strict compliance by the Borrower with all the terms, covenants and conditions of this Loan Agreement Note and the said other Loan Documentsdocuments. The consent of the Lender to any act or omission by the Borrower shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the Lender's ’s consent to be obtained in any future or other instance.

Appears in 1 contract

Samples: Kensey Nash Corp

Failure to Exercise Rights. Nothing herein contained shall impose upon the Agent or Lender any obligation to enforce any terms, covenants or conditions contained in this Loan Agreement and the other Loan Documents. Failure of the Agent or Lender, in any one or more instances, to insist upon strict performance by the Borrower of any terms, covenants or conditions of this Loan Agreement and the other Loan Documents, shall not be considered or taken as a waiver or relinquishment by the Agent or Lender of its right their respective rights to insist upon and to enforce in the future, by injunction or other appropriate legal or equitable remedy, strict compliance by the Borrower with all the terms, covenants and conditions of this Loan Agreement and the other Loan Documents. The consent of the Lender to any act or omission by the Borrower shall not be construed to be a consent to any other or subsequent act or omission or to waive a waiver of the requirement for the Lender's consent to be obtained in any future or other instance.

Appears in 1 contract

Samples: Credit Agreement (Oak Finance Investments LTD)

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