No Forbearance Sample Clauses

No Forbearance. The failure or delay of any party to insist on the performance of any of the terms of this Agreement, or the waiver of any breach of any of the terms of this Agreement, will not be construed as a waiver of those terms, and those terms will continue and remain in full force and effect as if no forbearance or waiver had occurred and will not affect the validity of this Agreement, or the right to enforce each and every term of this Agreement.
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No Forbearance. The failure or delay of any party to insist on the performance of any of the terms of this MOU, or the waiver of any breach of any of the terms of this MOU, will not be construed as a waiver of those terms, and those terms will continue and remain in full force and effect as if no forbearance or waiver had occurred and will not affect the validity of this MOU, or the right to enforce each and every term of this MOU.
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No Forbearance. The Company acknowledges and agrees that the -------------- execution and delivery by the Agent and the Banks of this Amendment shall not be deemed (i) to create a course of dealing or otherwise obligate the Agent or the Banks to forbear or execute similar amendments under the same or similar circumstances in the future, or (ii) to amend, relinquish or impair any right of the Agent or the Banks to receive any indemnity or similar payment from any Person or entity as a result of any matter arising from or relating to this Amendment.
Sample 1
No Forbearance. Notwithstanding anything to the contrary contained in Section 3(b): (i) The Existing Events of Default and each Non-Material Future Default, upon the occurrence thereof, shall constitute an Event of Default under the NPA and each other Note Document for the purpose of determining whether or not certain actions or in-actions may be taken or otherwise acquiesced to by or on behalf of any Issuer, as set forth therein. Accordingly, any actions or in-actions taken or omitted by any Issuer in violation of any provision governing whether such action or in-action may or may not be taken or omitted while any Event of Default exists will constitute additional Events of Default under the NPA and the other Note Documents, as well as a breach of the terms of this Agreement. (ii) Peak’s Amortization Rights shall continue to exist regardless of any action or in-actions taken or otherwise acquiesced to by or on behalf of any Issuer. The forbearance provided under Section 3(b) shall in no way be considered a course of dealing or a right of the Issuers to any forbearance or waiver of Peak’s right to exercise its Amortization Right following the termination or other cessation of the Grace Bay Forbearance Agreement. (iii) The forbearance set forth in Section 3(b) on the part of Note Agent and the Purchasers shall not, and shall not be deemed to, relieve in any manner any Issuer from complying with all limitations, restrictions, prohibitions or requirements that would otherwise be effective or applicable under the NPA or any other Note Documents (including all limitations, restrictions, prohibitions or requirements that extend to subsidiaries not party to the NPA) during the term of this Agreement, or otherwise during the continuance of any Default or Event of Default.
Sample 1
No Forbearance. The failure or delay of any party to insist on the performance of any of the terms of this Option to Purchase, or the waiver of any breach of any of the terms of this Option to Purchase, will not be construed as a waiver of those terms, and those terms will continue and remain in full force and effect as if no forbearance or waiver had occurred and will not affect the validity of this Option to Purchase, or the right to enforce each and every term of this Option to Purchase.
Sample 1
No Forbearance. A waiver by the City of any default or breach herein will not be construed to be a continuing waiver of such default or breach, nor is a waiver or permission, express or implied, to be construed as a waiver of any other or subsequent default or breach.
Sample 1
No Forbearance. The failure or delay of any Party to insist on the performance of any terms of this Purchase Agreement, or the waiver of any breach of any of the terms of this Purchase Agreement, will not be construed as a waiver of those terms, and those terms will continue and remain in full force and effect as if no forbearance or waiver had occurred and will not affect the validity of this Purchase Agreement, or the right to enforce each and every term of this Purchase Agreement.
Sample 1
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No Forbearance. The Company acknowledges and agrees that the -------------- execution and delivery by the Agent and the Banks of this Waiver shall not be deemed (i) to create a course of dealing or otherwise obligate the Agent or the Banks to forbear or execute similar Waivers under the same or similar circumstances in the future, or (ii) to amend, relinquish or impair any right of the Agent or the Banks to receive any indemnity or similar payment from any Person or entity as a result of any matter arising from or relating to this Waiver.
Sample 1

Related to No Forbearance

  • Forbearance Any forbearance by Xxxxxx in exercising any right or remedy under this Note, the Security Instrument, or any other Loan Document or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of that or any other right or remedy. The acceptance by Lender of any payment after the due date of such payment, or in an amount which is less than the required payment, shall not be a waiver of Lender's right to require prompt payment when due of all other payments or to exercise any right or remedy with respect to any failure to make prompt payment. Enforcement by Lender of any security for Borrower's obligations under this Note shall not constitute an election by Xxxxxx of remedies so as to preclude the exercise of any other right or remedy available to Lender.

  • Amendment and Waiver; Failure or Indulgence Not Waiver No provision of this Agreement may be amended or waived by the parties from and after the date that is one (1) Business Day immediately preceding the initial filing of the Registration Statement with the SEC. Subject to the immediately preceding sentence, (i) no provision of this Agreement may be amended other than by a written instrument signed by both parties hereto and (ii) no provision of this Agreement may be waived other than in a written instrument signed by the party against whom enforcement of such waiver is sought. No failure or delay in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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.

  • No Omissions None of the representations and statements of fact set forth in this Section 10.1 omits to state any material fact necessary to make any such representation or statement of fact not misleading in any material respect.

  • Failure or Indulgence Not Waiver No failure or delay on the part of the Holder hereof in the exercise of any power, right or privilege hereunder shall operate as a waiver thereof, 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. All rights and remedies existing hereunder are cumulative to, and not exclusive of, any rights or remedies otherwise available.

  • RELAXATION No latitude, extension of time or other indulgence which may be given or allowed by any Party to the other Parties in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any right of any Party arising from this Agreement, and no single or partial exercise of any right by any Party under this Agreement, shall in any circumstances be construed to be an implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any of the Party's rights in terms of or arising from this Agreement or estop or preclude any such Party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or term hereof.

  • Failure or Indulgence Not Waiver; Remedies Cumulative No failure or delay on the part of any party hereto in the exercise of any right hereunder shall impair such right or be construed to be a waiver of, or acquiescence in, any breach of any representation, warranty, covenant or agreement herein, nor shall nay single or partial exercise of any such right preclude other or further exercise thereof or of any other right. All rights and remedies existing under this Agreement are cumulative to, and not exclusive of, any rights or remedies otherwise available.

  • Delay or Omission; No Waiver No course of dealing on the part of any Noteholder and no delay or failure on the part of any such Person to exercise any right hereunder shall impair such right or operate as a waiver of such right or otherwise prejudice such Person's rights, powers and remedies hereunder. Every right and remedy given by this Unconditional Guaranty or by law to any Noteholder may be exercised from time to time as often as may be deemed expedient by such Person.

  • No Waiver by Lender Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and any Grantor, shall constitute a waiver of any of Lender's rights or of any of Borrower's or any Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

  • Delay No failure or delay on the part of any party in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The remedies provided for herein are cumulative and are not exclusive of any remedies that may be available to a party at law or in equity or otherwise.

  • Forbearance Not Waiver Sponsor’s failure or neglect to enforce any of its rights under this Grant Contract shall not be deemed to be a waiver of Sponsor's rights.

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