Common use of Indulgence Not Waiver Clause in Contracts

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser or any holder of any Note in the exercise of any power, right or privilege hereunder or under any Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 4 contracts

Samples: Note Purchase Agreement (Arena Group Holdings, Inc.), Note Purchase Agreement (theMaven, Inc.), Note Purchase Agreement (theMaven, Inc.)

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Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser Lender or any holder of any Note Notes in the exercise of any power, right or privilege hereunder or under any Note the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 2 contracts

Samples: Loan and Security Agreement (Unitel Video Inc/De), Loan and Security Agreement (Comforce Corp)

Indulgence Not Waiver. No failure or delay on the part of Collateral Agent, any Purchaser Lender or any permitted holder of any Note in the exercise of any power, right or privilege hereunder or under any Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 2 contracts

Samples: Loan and Security Agreement (Sun Healthcare Group Inc), Loan and Security Agreement (Sun Healthcare Group Inc)

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser Lender or any holder of any Note in the exercise of any power, right or privilege hereunder or under any Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 2 contracts

Samples: Loan and Security Agreement (Chief Auto Parts Inc), Loan and Security Agreement (Chief Auto Parts Inc)

Indulgence Not Waiver. No failure or delay on the part of the Agent, any Purchaser Lender or any holder of any Note the Revolving Note(s) in the exercise of any power, right or privilege hereunder or under any Note the Revolving Note(s) shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Credit and Security Agreement (Tower Air Inc)

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser --------------------- Lender or any holder of any Note in the exercise of any power, right or privilege hereunder or under any Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Banctec Inc)

Indulgence Not Waiver. No failure or delay on the part of Administrative Agent, Collateral Agent, any Purchaser Lender or any holder of any Note a Notes in the exercise of any power, right or privilege hereunder or under any a Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan Agreement (North Face Inc)

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser --------------------- Lender or any holder of any Note the Revolving Note[s] in the exercise of any power, right or privilege hereunder or under any Note the Revolving Note[s] shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Tower Air Inc)

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser Lender or any holder of any Note in the exercise of any power, right or privilege hereunder or under any Note the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Uniforce Temporary Personnel Inc)

Indulgence Not Waiver. No failure or delay on the part of --------------------- Agent, any Purchaser Lender or any holder of any Revolving Note in the exercise of any power, right or privilege hereunder or under any Note the Revolving Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Gradall Industries Inc)

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser Agent or any holder of any Note Lender in the exercise of any power, right or privilege hereunder or under any Term Note or any Revolving Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Thorn Apple Valley Inc)

Indulgence Not Waiver. No failure or delay on the part of any Agent, any Purchaser Lender or any holder of any Note Notes in the exercise of any power, right or privilege hereunder or under any Note the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Comforce Operating Co)

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser Lender or any holder of any a Revolving Note in the exercise of any power, right or privilege hereunder or under any Note the Revolving Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Shoppers Food Warehouse Corp)

Indulgence Not Waiver. No failure or delay on the part of Agent, --------------------- any Purchaser Lender or any holder of any Note the Revolving Note[s] in the exercise of any power, right or privilege hereunder or under any Note the Revolving Note[s] shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Tower Air Inc)

Indulgence Not Waiver. No failure or delay on the part of --------------------- Agent, any Purchaser Lender or any holder of any Note Notes in the exercise of any power, right or privilege hereunder or under any Note the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan Agreement (Lund International Holdings Inc)

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser --------------------- Lender or any holder of any Note a Notes in the exercise of any power, right or privilege hereunder or under any a Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (North Face Inc)

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Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser Administrative Agent or any holder of any Note Lender in the exercise of any power, right or privilege hereunder or under any Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Security Agreement (Princeton Review Inc)

Indulgence Not Waiver. No failure or delay on the part of Agent, --------------------- Funding Agent, Collateral Agent, any Purchaser Lender or any holder of any Note in the exercise of any power, right or privilege hereunder or under any Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Hawker Pacific Aerospace)

Indulgence Not Waiver. No failure or delay on the part of Administrative and Documentation Agent, Collateral Monitoring Agent or any Purchaser Lender or any holder of any Note the Notes in the exercise of any power, right or privilege hereunder or under any Note the Notes shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Belding Heminway Co Inc /De/)

Indulgence Not Waiver. No failure or delay on the part of any Agent, any Purchaser Lender or any permitted holder of any Note in the exercise of any power, right or privilege hereunder or under any Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Sun Healthcare Group Inc)

Indulgence Not Waiver. No failure or delay on the part of any Agent, any Purchaser Lender or any holder of any Note in the exercise of any power, right or privilege hereunder or under any Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan Agreement (Recoton Corp)

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser Lender or any holder of any Note the Revolving Note[s] in the exercise of any power, right or privilege hereunder or under any Note the Revolving Note[s] shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Continental Information Systems Corp)

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser Lender or any holder of any Note in the exercise of any power, right or privilege hereunder or under any Note shall will impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall will any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (Arvinmeritor Inc)

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser or any holder of any Note the Collateral Agent in the exercise of any power, right or privilege hereunder or under any Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Security Agreement (Brooke Corp)

Indulgence Not Waiver. No failure or delay on the part of Agent, any Purchaser Lender or any holder of any Note a Notes in the exercise of any power, right or privilege hereunder or under any a Note shall impair such power, right or privilege or be construed to be a waiver of any default or acquiescence therein, nor shall any single or partial exercise of any such power, right or privilege preclude other or further exercise thereof or of any other right, power or privilege.

Appears in 1 contract

Samples: Loan and Security Agreement (North Face Inc)

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