Forbearance and Waiver. No waiver by a PARTY in respect of any breach shall operate as a waiver in respect of any subsequent breach. No forbearance, failure or delay by a PARTY in exercising any right or remedy shall operate as a waiver thereof, nor shall any single or partial forbearance, exercise or waiver of any right or remedy prejudice its further exercise of any right or remedy under this AGREEMENT or at LAW.
Forbearance and Waiver. 26.1. No waiver by the Company in respect of any breach of this Agreement by the Contractor will operate as a waiver in respect of any subsequent breach. No failure or delay by the Company in exercising any right or remedy will operate as a waiver thereof, nor will any single or partial exercise or waiver of any right or remedy prejudice its further exercise or the exercise of any other right or remedy.
Forbearance and Waiver. (a) Upon the satisfaction of the conditions precedent set forth in Section 3 hereof, the Managing Agent and the Requisite Lenders, on --------- behalf of all Lenders, hereby agree to forebear and not take any of the following actions as a result of the occurrence and continuance of any of the Specified Defaults for the period beginning on the date this Agreement becomes effective and ending immediately upon the earliest of (i) the occurrence of any Event of Default other than any of the Specified Defaults, (ii) January 31, 2002, and (iii) the Borrower's failure to commence an Approved Exchange Offer on or prior to December 21, 2001, or the subsequent termination or expiration of such Approved Exchange Offer prior to its consummation, or any amendment or modification of such Approved Exchange Offer without the prior written approval of the Requisite Lenders (such period being hereinafter referred to as the "Forbearance Period"): terminate any of the Commitments, commence judicial ------------------ enforcement proceedings against the Borrower or any of the Guarantors with respect to the payment of any Obligations, commence any foreclosure or levy against or seizure of all or any portion of the Collateral (other than pursuant to Section 6.10), or apply the increased rates of interest as described in ------------ Subsection 2.2E of the Credit Agreement to the outstanding principal amount of any Loans and any interest payments thereon not paid when due and any fees and other amounts then due and payable under the Credit Agreement pursuant to Subsection 2.2E thereof. ---------------
(b) The Managing Agent and the Requisite Lenders, on behalf of all the Lenders, expressly reserve the right to exercise all remedies under the Loan Documents and applicable law with respect to all now existing and hereafter arising Events of Default immediately upon the expiration of the Forbearance Period, including, without limitation, the rights and remedies identified in clauses (1) through (4) of subsection (a) above, in respect of all Specified ----------- --- Defaults and any other Events of Default then existing.
(c) Except for the forbearance to the extent expressly set forth above, the Managing Agent and the Requisite Lenders, on behalf of all the Lenders, reserve each and every right and remedy they may have under the Loan Documents and under applicable law. Nothing in this Agreement shall be deemed to constitute a waiver by the Managing Agent or any Lender of any Event o...
Forbearance and Waiver. Provided, that (i) EasyLink executes the Forbearance Note, (ii) EasyLink complies with all terms and conditions of this Agreement, and (iii) no additional default occurs under the Lease, then GATX agrees that it shall forbear from exercising its remedies under the Lease until October 31, 2001 (the "Forbearance Period"). In the event EasyLink at any time fails to comply with clause (i), (ii) or (iii) hereinabove, GATX shall be entitled to immediately exercise any and all rights it may have under this Agreement and the Lease and may declare the Forebearance Note to be immediately due and payable. Nothing in this paragraph or in any other provision of this Agreement shall be deemed to be a waiver of any of GATX's rights under the Lease or otherwise available to GATX at law or in equity. In addition, nothing in this Agreement shall be construed to release EasyLink from any liability under the Lease. GATX hereby expressly reserves all such remedies.
Forbearance and Waiver. Provided, that EasyLink complies with all terms and conditions of this Agreement, then ATT hereby waives of all current defaults under the Original Note and defers all payments under the Original Note and a portion of the 2001 second quarter payments under the Transition Services Agreement dated as of January 31, 2001 (the "Transition Services Agreement") as previously agreed until October 31, 2001, subject to AT&T's right to revoke this waiver and deferral at any time by giving written notice to Easylink that the waiver is being terminated in the event that EasyLink fails to comply with its obligations hereunder. All deferred payments under the Original Note will continue to accrue interest at the late payment interest rate specified in the Original Note. Upon termination of the waiver and deferral, all deferred payments, including applicable interest, will be immediately due and payable. Nothing in this paragraph or in any other provision of this Agreement shall be deemed to be a waiver of any of ATT's rights under the Original Note, the Security Documents or the Transition Agreement or otherwise available to ATT at law or in equity. In addition, nothing in this Agreement shall be construed to release EasyLink from any liability under the Original Note, the Security Documents or the Transition Agreement. ATT hereby expressly reserves all such remedies.
Forbearance and Waiver. Except where a specific time period is provided hereunder for the exercise of a right or remedy, any Party’s forbearance in the exercise or enforcement of any right or remedy under this Agreement will not constitute a waiver thereof, and a waiver under one circumstance will not constitute a waiver under any other circumstance.
Forbearance and Waiver. Forbearance or neglect on the part of any party to insist upon compliance with the terms of this Agreement shall not be construed as or constitute a waiver thereof nor shall any waiver constitute a continuing waiver. Failure of any party to terminate the Agreement for any of the causes set forth in this Agreement will not constitute a waiver of that party's right to terminate this Agreement at a later time for any of these causes. No waiver or modification of this Agreement will be effective unless it is in writing and is signed by all parties hereto. Notwithstanding the above, the parties agree that any Exhibits and Schedule(s) to this Agreement may be amended from time to time, and that such revised Schedule(s) shall be automatically effective as set forth in this Agreement.
Forbearance and Waiver. Subject to the terms and conditions herein, the Holder agrees that it will forbear from exercising any of its rights or remedies under the Note as the result of the Triggering Event. Furthermore, the Holder hereby waives any right to receive interest on the Note after March 31, 2017.
Forbearance and Waiver. The rights of a Partner will not be prejudiced or restricted by any indulgence or forbearance extended to another Partner or Partners, and no waiver by a Partner in respect of any breach will operate as a waiver in respect of any subsequent breach. No failure or delay by a Partner in exercising any right or remedy will operate as a waiver thereof, nor will any single or partial exercise or waiver of any right or remedy prejudice its further exercise or the exercise of any other right or remedy. FIRST SCHEDULE PROVISIONS APPLICABLE ON ANY PARTNERCEASING TO BE A PARTNER
Forbearance and Waiver. IGS agrees with Xxxxx and Santa Fe that it will not take any steps to enforce any of its rights or remedies against Santa Fe for any amounts due under any of the Secured Convertible Notes or pursuant to the Security Agreement while the Merger is being negotiated or until the Merger has been terminated pursuant to the terms of the Merger Agreement.
