Common use of No Implied Waiver; Remedies Cumulative Clause in Contracts

No Implied Waiver; Remedies Cumulative. Bank's failure at any time or times hereafter to require strict performance by Borrower of any provision of this Agreement or any other Loan Document shall not waive, affect or diminish any right of Bank thereafter to demand strict compliance and performance therewith. Any suspension or waiver by Bank of an Event of Default or an Unmatured Default by Borrower or any other Loan Party under this Agreement or the Other Agreements shall not suspend, waive or affect any other Event of Default or Unmatured Default by Borrower or any other Loan Party under this Agreement or the Other Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower contained in this Agreement or the Other Agreements and no Event of Default or Unmatured Default by Borrower or any other Loan Party under this Agreement or the Other Agreements shall be deemed to have been suspended or waived by Bank unless such suspension or waiver is by an instrument in writing signed by an officer of Bank and directed to Borrower or such applicable other Loan Party specifying such suspension or waiver.

Appears in 3 contracts

Samples: Loan Agreement (SPSS Inc), Loan Agreement (SPSS Inc), Loan Agreement (Firstcity Financial Corp)

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No Implied Waiver; Remedies Cumulative. BankA Purchaser's failure at any time or times hereafter to require strict performance by Borrower the Company of any provision of this Agreement or any other Loan Document Other Agreement shall not waive, affect or diminish any right of Bank the Purchaser thereafter to demand strict compliance and performance therewith. Any suspension or waiver by Bank the Majority Noteholders or any Purchaser of an Event of Default or an Unmatured Default by Borrower or any other Loan Party the Company under this Agreement or the any Other Agreements Agreement shall not suspend, waive or affect any other Event of Default or Unmatured Default by Borrower or any other Loan Party the Company under this Agreement or the Other Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower the Company contained in this Agreement or the Other Agreements and no Event of Default or Unmatured Default by Borrower or any other Loan Party the Company under this Agreement or the Other Agreements shall be deemed to have been suspended or waived by Bank the Majority Noteholders or any Purchaser unless such suspension or waiver is by an instrument in writing signed by the Majority Noteholders or (in the case of any of the same (if any) which may be suspended or waived by an officer of Bank individual Purchaser) the relevant Purchaser and directed to Borrower or such applicable other Loan Party the Company specifying such suspension or waiver.

Appears in 1 contract

Samples: Senior Note Purchase Agreement (Firstcity Financial Corp)

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