Common use of Indulgences, Not Waivers Clause in Contracts

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 5 contracts

Samples: Loan and Security Agreement (Max International Inc), Subordination Agreement (General Finance CORP), Loan and Security Agreement (Crdentia Corp)

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Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 5 contracts

Samples: Debt Subordination Agreement (SMF Energy Corp), Loan Agreement (Color Imaging Inc), Subordination Agreement (Velocity Asset Management Inc)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender a party to exercise any right, remedy, power or privilege hereunder under this Agreement shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreementthereof, nor shall any single or partial exercise of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and is signed by the party making asserted to have granted such waiver, and then only to the extent specifically stated in such writing.

Appears in 4 contracts

Samples: Management Agreement (Belvedere Trust Mortgage CORP), Management Agreement (Thornburg Mortgage Inc), Management Agreement (Anworth Mortgage Asset Corp)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender a party hereto to exercise any right, remedy, power or privilege hereunder under this Custody Agreement shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreementthereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and is signed by the party making parties asserted to have granted such waiver, and then only to the extent specifically stated in such writing.

Appears in 3 contracts

Samples: Custody Agreement (Horton D R Inc /De/), Custody Agreement (MDC Holdings Inc), Custody Agreement (Horton D R Inc /De/)

Indulgences, Not Waivers. Neither the failure nor any delay ----------------------- on the part of Senior the Lender to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 3 contracts

Samples: Subordination Agreement (Marriott Diversified American Hotels L P), Subordination Agreement (Marriott Diversified American Hotels L P), Subordination Agreement (Marriott Diversified American Hotels L P)

Indulgences, Not Waivers. Neither the failure nor any delay on the part ----------------------- of Senior Lender the Bank to exercise any right, remedy, power power, or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power power, or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 3 contracts

Samples: Subordination Agreement (Information Management Associates Inc), Subordination Agreement (Information Management Associates Inc), Subordination Agreement (Information Management Associates Inc)

Indulgences, Not Waivers. Neither the failure failure, nor any delay delay, on the part of Senior Lender either party hereto to exercise any right, remedy, power or privilege hereunder under this Agreement shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreementthereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude, nor shall any waiver of any right, remedy, power or privilege with respect to any other occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and is signed by the party making asserted to have granted such waiver, and then only to the extent specifically stated in such writing.

Appears in 3 contracts

Samples: Selling Agreement (IMH Financial Corp), Selling Agreement (IMH Financial Corp), Selling Agreement (IMH Financial Corp)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender Creditor to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 2 contracts

Samples: Loan Agreement (Imatron Inc), Debt Subordination Agreement (Atlantic Premium Brands LTD)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender the Agent or any Claimholder to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 2 contracts

Samples: Senior Secured Delayed Draw Term Loan Credit Agreement (New Fortress Energy LLC), Senior Secured Delayed Draw Term Loan Credit Agreement (NFE Financial Holdings LLC)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender any party to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a any party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 2 contracts

Samples: Merger Agreement, Merger Agreement (PNA Group Holding CORP)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender the Secured Parties to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this AgreementNote, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 2 contracts

Samples: Sponsor Subordinated Note (CityCenter Holdings, LLC), Sponsor Subordinated Note (CityCenter Holdings, LLC)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor or be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 1 contract

Samples: Loan and Security Agreement (TFC Enterprises Inc)

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Indulgences, Not Waivers. Neither the failure nor any delay on the part of any Senior Lender Creditor to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 1 contract

Samples: Subordination Agreement (Artistdirect Inc)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender Administrative Agent to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 1 contract

Samples: Credit Agreement (Delek US Holdings, Inc.)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Agent or the Most Senior Lender to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 1 contract

Samples: Subordination Agreement (Cornerworld Corp)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an an. estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making such waiver, and then only to the extent specifically stated in such writing.

Appears in 1 contract

Samples: Subordination and Standstill Agreement (Espos Inc)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender Creditor to exercise any right, remedy, power or privilege hereunder shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreement, nor shall any single or partial exercise of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and signed by the party making snaking such waiver, and then only to the extent specifically stated in such writing.

Appears in 1 contract

Samples: Loan Agreement (Imatron Inc)

Indulgences, Not Waivers. Neither the failure nor any delay ------------------------- on the part of Senior Lender a party to exercise any right, remedy, power or privilege hereunder under this Agreement shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreementthereof, nor shall any single or partial exercise of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and is signed by the party making asserted to have granted such waiver, and then only to the extent specifically stated in such writing.

Appears in 1 contract

Samples: Management Agreement (Thornburg Mortgage Asset Corp)

Indulgences, Not Waivers. Neither the failure nor any delay on the part of Senior Lender a party to exercise any right, remedy, power or privilege hereunder under this Agreement shall operate as a waiver thereof or give rise to an estoppel, nor be construed as an agreement to modify the terms of this Agreementthereof, nor shall any nay single or partial exercise of any right, remedy, power or privilege, nor shall any waiver of such right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver by a party hereunder shall be effective unless it is in writing and is signed by the party making asserted to have granted such waiver, and then only to the extent specifically stated in such writing.

Appears in 1 contract

Samples: Advisory Agreement (Wells Mid-Horizon Value-Added Fund I LLC)

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