No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 13 contracts
Samples: Equipment Loan and Security Agreement (Metabasis Therapeutics Inc), Equipment Loan and Security Agreement (Atheros Communications Inc), Loan and Security Agreement (Signal Pharmaceuticals Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Agent or any Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender Agent and the Lenders are cumulative and not exclusive of any rights or remedies which it they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Agent or any Lender of any breach or default under this Loan Agreement or any such waiver of any provision or condition of this Loan Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 13 contracts
Samples: Loan and Security Agreement (Aquantia Corp), Loan Agreement (Sterling Construction Co Inc), Loan and Security Agreement (Sterling Construction Co Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that the Purchaser or any Holders would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 6 contracts
Samples: Securities Purchase Agreement (TransFirst Inc.), Securities Purchase Agreement (AGA Medical Holdings, Inc.), Securities Purchase Agreement (AGA Medical Holdings, Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Agent or any Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; , nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender Agent and the Lenders are cumulative and not exclusive of any rights or remedies which it they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Agent or any Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 5 contracts
Samples: Loan Agreement, Loan Agreement, Loan Agreement (YogaWorks, Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that any Party hereto would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be satisfy the conditions set forth in writing Section 8.7 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 4 contracts
Samples: Master Transition Services Agreement (ONE Gas, Inc.), Master Transition Services Agreement (ONE Gas, Inc.), Master Transition Services Agreement (Forestar Real Estate Group Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that Agent or Purchasers or any holder of Notes, Warrants or Warrant Shares would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing writing, satisfy the conditions set forth in Section 9.10 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 4 contracts
Samples: Note and Equity Purchase Agreement (American Capital Strategies LTD), Note and Equity Purchase Agreement (Mirion Technologies, Inc.), Note and Equity Purchase Agreement (Mirion Technologies, Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that any party hereto would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be satisfy the conditions set forth in writing Section 7.17 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 3 contracts
Samples: Tax Sharing Agreement (FMC Technologies Inc), Tax Sharing Agreement (John Bean Technologies CORP), Tax Sharing Agreement (John Bean Technologies CORP)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that the Agent or the Lenders would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing writing, satisfy the conditions set forth in Section 9.11 and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Credit Agreement (American Capital Senior Floating, Ltd.), Credit Agreement (CreditCards.com, Inc.), Credit Agreement (CreditCards.com, Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that the Purchaser or any holder of Warrants or Underlying Common Stock would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing writing, and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 3 contracts
Samples: Common Stock and Warrant Purchase Agreement (Metalline Mining Co), Common Stock and Warrant Purchase Agreement (Ads Media Group Inc), Common Stock and Warrant Purchase Agreement (Ads Media Group Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No course of dealing and no delay or failure of the Lender in exercising any right, power power, remedy or remedy hereunder privilege under any Loan Document shall affect any other or future exercise thereof or operate as a waiver thereof; , nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power power, remedy or remedy privilege preclude any further exercise thereof or of any other right, power power, remedy or remedyprivilege. The rights and remedies hereunder of the Lender under any Loan Document are cumulative and not exclusive of any rights or remedies which it they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of the Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Credit Agreement (ExOne Co), Credit Agreement (ExOne Co), Credit Agreement (ExOne Co)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Agent or any Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender Agent and the Lenders are cumulative and not exclusive of any rights or remedies which it that they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Agent or any Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 3 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (Adaptive Insights Inc), Loan and Security Agreement (Adaptive Insights Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that any party hereto would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be satisfy the conditions set forth in writing Section 9.7 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 3 contracts
Samples: Master Transition Services Agreement, Master Transition Services Agreement (Hanesbrands Inc.), Master Transition Services Agreement (Hanesbrands Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender Trustee in exercising any right, power or remedy hereunder under this Agreement or the Indenture shall affect or operate as a waiver thereof; , nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender Trustee under this Agreement and the Indenture are cumulative and not exclusive of any rights or remedies which it would otherwise have, including, without limitation, any rights and remedies under any other agreement. Any waiver, permit, consent or approval of any kind or character on the part of Lender Trustee of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement and the Indenture must be in writing and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Subordinated Security Agreement (Forster Drilling Corp), Senior Security Agreement (Forster Drilling Corp)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that any party hereto would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be satisfy the conditions set forth in writing Section 7.18 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Tax Sharing Agreement (Hanesbrands Inc.), Tax Sharing Agreement (Hanesbrands Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that Agent or the Purchasers or any holder of Senior Term Notes would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing writing, satisfy the conditions set forth in Section 9.11 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Note Purchase Agreement (Rocky Brands, Inc.), Note Purchase Agreement (Rocky Shoes & Boots Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that any party hereto would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be satisfy the conditions set forth in writing Section 6.2 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Master Separation Agreement (Hanesbrands Inc.), Master Separation Agreement (Hanesbrands Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that the Unit Purchaser or any Holders would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Securities Purchase and Contribution Agreement (Paycom Software, Inc.), Securities Purchase and Contribution Agreement (Paycom Software, Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that Purchasers or any holder of Notes would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Note Purchase Agreement (Nautilus, Inc.), Note Purchase Agreement (Sherborne Investors GP, LLC)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that the Purchasers or any Noteholder would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing writing, satisfy the conditions set forth in Section 13.2 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Note Purchase Agreement (Darling International Inc), Note Purchase Agreement (Darling International Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that any Party hereto would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be satisfy the conditions set forth in writing Section 3.12 of this Agreement and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Intellectual Property Matters Agreement (Hanesbrands Inc.), Intellectual Property Matters Agreement (Hanesbrands Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender Lenders in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender Lenders are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender Lenders of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Loan and Security Agreement (Tripath Imaging Inc), Venture Loan and Security Agreement (Acusphere Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that any Party hereto would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be satisfy the conditions set forth in writing Section 3.2 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Indemnification & Liability (Hanesbrands Inc.), Indemnification & Liability (Hanesbrands Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that the Lender would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Secured Credit Facility and Warrant Purchase Agreement (Environmental Tectonics Corp), Secured Credit Facility and Warrant Purchase Agreement (Environmental Tectonics Corp)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that any party hereto would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be satisfy the conditions set forth in writing Section 4.2 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Real Estate Matters Agreement (Hanesbrands Inc.), Real Estate Matters Agreement (Hanesbrands Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender any party hereto in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender Agent and the Lenders are cumulative and not exclusive of any rights or remedies which it they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Loan and Security Agreement (Mavenir Systems Inc), Loan and Security Agreement (Mavenir Systems Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that any Party hereto would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be satisfy the conditions set forth in writing Section 4.7 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 2 contracts
Samples: Employee Matters Agreement (D.E Master Blenders 1753 N.V.), Master Separation Agreement (D.E Master Blenders 1753 B.V.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay --------------------------------------------------------- or failure of Lender Lenders in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender Lenders are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender Lenders of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 2 contracts
Samples: Loan and Security Agreement (Onvia Com Inc), Loan Agreement (Pilot Network Services Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that the parties would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement Addendum or any such waiver of any provision or condition of this Agreement Addendum must be in writing writing, and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Ads Media Group Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 1 contract
Samples: Loan and Security Agreement (Corsair Communications Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in .in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind land or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 1 contract
Samples: Loan and Security Agreement (Netscreen Technologies Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it Purchaser or any holder of Notes would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 1 contract
Samples: Note and Equity Purchase Agreement (O2wireless Solutions Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; , nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 1 contract
Samples: Senior Subordinated Loan Agreement (R B Capital Corp)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay --------------------------------------------------------- or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a righttight, power or remedy preclude any further exercise thereof or of any other righttight, power or remedy. The rights tights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 1 contract
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that Agent or Purchasers or any holder of Notes or Units would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing writing, satisfy the conditions set forth in Section 9.10 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writing.forth. Note and Equity Purchase Agreement 95
Appears in 1 contract
Samples: Note and Equity Purchase Agreement (ASAlliances Biofuels, LLC)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it Purchasers or any holder of Notes would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 1 contract
Samples: Note and Equity Purchase Agreement (Cornell Companies Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender Bank in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender Bank are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender Bank of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 1 contract
Samples: Subordinated Credit Agreement (Chadmoore Wireless Group Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender the Purchasers in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; , nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender the Purchasers are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender the Purchasers of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 1 contract
Samples: Note and Preferred Stock Purchase Agreement (Epicedge Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay --------------------------------------------------------- or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 1 contract
Samples: Loan and Security Agreement (Loudeye Technologies Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that the Purchaser or any holder of Warrants or Warrant Shares would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing writing, and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 1 contract
Samples: Common Stock and Warrant Purchase Agreement (Atc Healthcare Inc /De/)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Administrative Agent or any Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender Administrative Agent and Lenders are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender Administrative Agent or Lenders of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 1 contract
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that the Purchaser or any holder of any of the Securities would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing writing, and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 1 contract
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that Agent or Purchasers or any holder of Notes, Warrants or Warrant Shares would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing writing, satisfy the conditions set forth in Section 9.10 hereof and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 1 contract
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that Agent or Purchasers or any holder of Subordinated Notes would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing writing, satisfy the conditions set forth in Section 9.10 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 1 contract
Samples: Note Purchase Agreement (Directed Electronics, Inc.)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement Amendment or any such waiver of any provision or condition of this Agreement Amendment must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 1 contract
Samples: Loan Assumption and Forbearance Agreement (J Net Enterprises Inc)
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it that Agent or Purchasers or any holder of Notes would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing writing, satisfy the conditions set forth in Section 9.10 and shall be effective only in the specified instance and to the extent in such writing specifically set forth in such writingforth.
Appears in 1 contract
No Implied Waivers; Cumulative Remedies; Writing Required. No delay or failure of Lender in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender are cumulative and not exclusive of any rights or remedies which it they would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender of any breach or default under this Loan Agreement or any such waiver of any provision or condition of this Loan Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 1 contract
No Implied Waivers; Cumulative Remedies; Writing Required. No --------------------------------------------------------- delay or failure of Lender Lenders in exercising any right, power or remedy hereunder shall affect or operate as a waiver thereof; nor shall any single or partial exercise thereof or any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder of Lender Lenders are cumulative and not exclusive of any rights or remedies which it would otherwise have. Any waiver, permit, consent or approval of any kind or character on the part of Lender Lenders of any breach or default under this Agreement or any such waiver of any provision or condition of this Agreement must be in writing and shall be effective only in the specified instance and to the extent specifically set forth in such writing.
Appears in 1 contract
Samples: Loan and Security Agreement (Exodus Communications Inc)
