given. No single or partial exercise of any right, power or privilege hereunder, nor any delay in the exercise thereof, shall preclude other or further exercise of Bank's rights. No waiver of any Default or Event of Default shall extend to any other or further Default or Event of Default. No forbearance on the part of Bank in enforcing any of Bank's rights or remedies under any Loan Document shall constitute a waiver of any of its rights or remedies. Borrower expressly agrees that this Section may not be waived or modified by Bank by course of performance, estoppel or otherwise.
Appears in 4 contracts
Samples: Credit Agreement (Digitalconvergence Com Inc), Credit Agreement (Peerless Manufacturing Co), Credit Agreement (Englobal Corp)
given. No single or partial exercise of any right, power or privilege hereunder, nor any delay in the exercise thereof, shall preclude other or further exercise of Bank's rights. No waiver of any Default or Event of Default shall extend to any other or further Default or Event of Default. No forbearance on the part of Bank in enforcing any of Bank's rights or remedies under hereunder or any of the other Loan Document Documents shall constitute a waiver of any of its rights or remedies. Borrower expressly agrees that this Section may not be waived or modified by Bank by course of performance, estoppel or otherwise.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Avanex Corp), Revolving Credit and Security Agreement (Avanex Corp)
given. No single or partial exercise of any right, power or privilege hereunder, nor or any delay in the exercise thereof, shall preclude other or further exercise of Bank's rights. No waiver of any Default or Event of Default shall extend to any other or further Default or Event of Default. No forbearance on the part of Bank in enforcing any of Bank's rights or remedies under any Loan Document shall constitute a waiver of any of its rights or remedies. Borrower Borrowers expressly agrees that this Section may not be waived or modified by Bank by course of performance, estoppel or otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Microwave Transmission Systems Inc), Credit Agreement (Microwave Transmission Systems Inc)
given. No single or partial exercise of any right, power or privilege hereunder, nor or any delay in the exercise thereof, shall preclude other or further exercise of Bank's rights. No waiver of any Default or Event of Default shall extend to any other or further Default or Event of Default. No forbearance on the part of Bank in enforcing any of Bank's rights or remedies under any Loan Document shall constitute a waiver of any of its rights or remedies. Borrower expressly agrees that this Section may not be waived or modified by Bank by course of performance, estoppel or otherwise.
Appears in 2 contracts
Samples: Credit Agreement (Thinking Tools Inc), Credit Agreement (Docucorp International Inc)
given. No single or partial exercise of any right, power or privilege hereunder, nor any delay in the exercise thereof, shall preclude other or further exercise of Bank's rights. No waiver of any Default or Event of Default shall extend to any other or further Default or Event of Default. No forbearance on the part of Bank in enforcing any of Bank's rights or remedies under any Loan Document shall constitute a waiver of any of its rights or remedies. Borrower Borrowers expressly agrees agree that this Section may not be waived or modified by Bank by course of performance, estoppel or otherwise.
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given. No single or partial exercise of any right, power or privilege hereunder, nor any delay in the exercise thereof, shall preclude other or further exercise of Bank's rights. No waiver of any Default or Event of Default shall extend extent to any other or further Default or Event of Default. No forbearance on the part of Bank in enforcing any of Bank's rights or remedies under hereunder or any of the other Loan Document Documents shall constitute a waiver of any of its rights or remedies. Borrower expressly agrees that this Section section may not be waived or modified by Bank by course of performance, estoppel or otherwise.. 10.8
Appears in 1 contract
Samples: Credit and Security Agreement
given. No single or partial exercise of any right, power or privilege hereunder, nor any delay in the exercise thereof, shall preclude other or further exercise of Bank's rights. No waiver of any Default or Event of Default shall extend extent to any other or further Default or Event of Default. No forbearance on the part of Bank in enforcing any of Bank's rights or remedies under hereunder or any of the other Loan Document Documents shall constitute a waiver of any of its rights or remedies. Borrower expressly agrees that this Section section may not be waived or modified by Bank by course of performance, estoppel or otherwise.
Appears in 1 contract
