Common use of No Other Waivers; Reservation of Rights Clause in Contracts

No Other Waivers; Reservation of Rights. (a) GE Capital has not waived, is not by this Agreement waiving, and may never waive, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Defaults or otherwise), and GE Capital has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) Subject to Section 3.2 above (and solely with respect to the Specified Defaults), GE Capital reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Agreement and the other Loan Documents as a result of any Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 4 contracts

Samples: Sixth Forbearance and Amendment Agreement (Parlux Fragrances Inc), Third Forbearance and Amendment Agreement (Parlux Fragrances Inc), Forbearance and Amendment Agreement (Parlux Fragrances Inc)

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No Other Waivers; Reservation of Rights. (a) GE Capital i. YA Global has not waived, is not by this Agreement waiving, and may never waivehas no intentions of waiving, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Existing Defaults or otherwise), and GE Capital YA Global has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Existing Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) ii. Subject to Section 3.2 2(b) above (and solely with respect to the Specified Existing Defaults), GE Capital YA Global reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Agreement and the other Loan Transaction Documents as a result of any Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital YA Global has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 2 contracts

Samples: Forbearance Agreement (TXP Corp), Forbearance Agreement (Ignis Petroleum Group, Inc.)

No Other Waivers; Reservation of Rights. (a) GE Capital i. Certain Wealth has not waived, is not by this Agreement waiving, and may never waivehas no intentions of waiving, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Existing Defaults or otherwise), and GE Capital Certain Wealth has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Existing Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) ii. Subject to Section 3.2 2(b) above (and solely with respect to the Specified Existing Defaults), GE Capital Certain Wealth reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Agreement and the other Loan Transaction Documents as a result of any Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital Certain Wealth has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Gulf Coast Oil & Gas Inc.)

No Other Waivers; Reservation of Rights. (a) GE Capital Lender has not waived, is not by this Agreement waiving, and may never waivehas no intention of waiving, any Events Event of Default which may be continuing on the date hereof or any Events Event of Default which may occur after the date hereof (whether the same or similar to the Specified Existing Defaults or otherwise), and GE Capital Lender has not agreed to forbear with respect to any of its rights or remedies concerning any Events Event of Default (other than, during the Forbearance Period, the Specified Existing Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) Subject to Section 3.2 above (and solely with respect to the Specified Defaultsexisting Events of Default), GE Capital Lender reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Loan Agreement and the other Loan Documents Financing Agreements as a result of any Events Event of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital Lender has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Intelefilm Corp)

No Other Waivers; Reservation of Rights. (a) GE Capital Bank has not waived, is not by this Agreement waiving, and may never waivehas no intention of waiving, any Events of Default Defaults which may be continuing on the date hereof or any Events of Default Defaults which may occur after the date hereof (whether the same or similar to the Specified Existing Defaults or otherwise), and GE Capital Bank has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default Defaults (other than, during the Forbearance Period, the Specified Existing Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) Subject to Section 3.2 above (and solely with respect to the Specified Existing Defaults), GE Capital Bank reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Loan Agreement and the other Loan Documents as a result of any Events of Default Defaults which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital Bank has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Modification and Forbearance Agreement (Transbotics Corp)

No Other Waivers; Reservation of Rights. (ai) GE Capital Lender has not waived, nor is not by this Agreement waiving, and may never waive, (i) any Events Default or Event of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Defaults or otherwise), and GE Capital has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, than the Specified Defaults to the extent expressly set forth herein), ) or (ii) any Default or Event of Default which may have occurred hereafter arise (whether the same as or are continuing as of similar to the date hereof Specified Defaults or which may occur after the date hereofotherwise). (bii) Subject to Section 3.2 above (and solely with respect to the Specified Defaults), GE Capital Lender reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Loan Agreement and the other Loan Documents as a result of any Events Default or Event of Default (other than the Specified Defaults to the extent expressly set forth herein) which may be continuing on the date hereof or any Default or Event of Default (other than the Specified Defaults to the extent expressly set forth herein) which may occur after the date hereof, and GE Capital has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its the part of Lender in exercising any such rights right or remediesremedy, should shall be construed as a waiver of any such rights right or remediesremedy.

Appears in 1 contract

Samples: Loan and Security Agreement (Clarient, Inc)

No Other Waivers; Reservation of Rights. (ai) GE Capital The Lender has not waived, nor is not by this Agreement Amendment waiving, and may never waive, (i) any Events Default or Event of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to other than the Specified Defaults or otherwise), and GE Capital has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Defaults to the extent expressly set forth herein), ) or (ii) any Default or Event of Default which may have occurred hereafter arise (whether the same as or are continuing as of similar to the date hereof Specified Default or which may occur after the date hereofotherwise). (bii) Subject to Section 3.2 above (and solely with respect to the Specified Defaults), GE Capital The Lender reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Loan Agreement and the other Loan Debt Documents as a result of any Events Default or Event of Default (other than the Specified Default to the extent expressly set forth herein) which may be continuing on the date hereof or any Default or Event of Default (other than the Specified Default to the extent expressly set forth herein) which may occur after the date hereof, and GE Capital has not waived any of such rights or remedies, and nothing in this AgreementAmendment, and no delay on its the part of the Lender in exercising any such rights right or remediesremedy, should shall be construed as a waiver of any such rights right or remediesremedy.

Appears in 1 contract

Samples: Equipment Loan and Security Agreement (Anesiva, Inc.)

No Other Waivers; Reservation of Rights. (a) GE Capital Lender has not waived, is not by this Agreement waiving, and may never waivehas no intention of waiving, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Existing Defaults or otherwise), and GE Capital Lender has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Existing Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) Subject to Section 3.2 above (and solely with respect to the Specified Existing Defaults), GE Capital Lender reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Loan Agreement and the other Loan Documents Financing Agreements as a result of any Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital Lender has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance and Consent Agreement (Edac Technologies Corp)

No Other Waivers; Reservation of Rights. (a) GE Capital has Agent and Lenders have not waived, is are not by this Agreement waiving, and may never waivehave no intention of waiving, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Defaults Existing Defaults, the Anticipated Defaults, or otherwise), and GE Capital has Agent and Lenders have not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Existing Defaults and the Anticipated Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof) occurring at any time. (b) Subject to Section 3.2 above (and solely with respect to the Specified Existing Defaults and the Anticipated Defaults), GE Capital Lender reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Loan Agreement and the other Loan Documents as a result of any other Events of Default which may be continuing on the date hereof or occurring at any Event of Default which may occur after the date hereof, and GE Capital time. Lender has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should shall be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement and Third Amendment to Second Amended and Restated Loan and Security Agreement (Wabash National Corp /De)

No Other Waivers; Reservation of Rights. (a) GE Capital Lender has not waived, is not by this Agreement waiving, and may never waivehas no intention of waiving, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Existing Defaults or otherwise), and GE Capital except as expressly set forth in Section 3.2 hereof, Lender has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during than the Forbearance Period, the Specified Defaults to the extent expressly set forth hereinExisting Defaults), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) Subject to Section 3.2 above (and solely with respect to the Specified Defaults)above, GE Capital Lender reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Loan Agreement and the other Loan Documents Financing Agreements as a result of any Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital Lender has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Evergreen International Aviation Inc)

No Other Waivers; Reservation of Rights. (a) GE Capital has i. The Holders have not waived, is are not by this Agreement waiving, and may never waivehave no intentions of waiving, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Existing Defaults or otherwise), and GE Capital has the Holders have not agreed to forbear with respect to any of its their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Existing Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) ii. Subject to Section 3.2 3(b) above (and solely with respect to the Specified Existing Defaults), GE Capital reserves the Holders reserve the right, in its their discretion, to exercise any or all of its their rights and remedies under the Credit Agreement and the other Loan Transaction Documents as a result of any Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital has the Holders have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Renewal Fuels, Inc.)

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No Other Waivers; Reservation of Rights. (a) GE Capital Except for the Existing Defaults, Lender has not waived, is not by this Agreement waiving, and may never waivehas no intention of waiving, any Events of Default which may be continuing on the date hereof or any other Events of Default which may occur after the date hereof (whether the same or similar to the Specified Defaults or otherwise)hereof, and GE Capital Lender has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) Subject to Section 3.2 above (and solely with respect to Except for the Specified Existing Defaults), GE Capital Lender reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Loan Agreement and the other Loan Documents Financing Agreements as a result of any other Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital Lender has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Trailer Bridge Inc)

No Other Waivers; Reservation of Rights. (a) GE Capital Factor has not waived, is not by this Agreement waiving, and may never waivehas no intentions of waiving, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Existing Defaults or otherwise), and GE Capital Factor has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Existing Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) Subject to Section 3.2 above (and solely with respect to the Specified Defaultsexisting Events of Default), GE Capital Factor reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Factoring Agreement and the other Loan Factoring Documents as a result of any Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital Factor has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Avid Sportswear & Golf Corp)

No Other Waivers; Reservation of Rights. (a) GE Capital Lender has not waived, is not by this Agreement waiving, and may never waivehas no intention of waiving, any Defaults or Events of Default which that may be continuing on the date hereof (including the Existing Default) or any Defaults or Events of Default which that may occur after the date hereof (whether the same or similar to the Specified Defaults Existing Default or otherwise), and GE Capital Lender has not agreed to forbear with respect to any of its rights or remedies concerning any Defaults or Events of Default (other than, during the Forbearance PeriodTerm, the Specified Defaults Existing Default to the extent expressly set forth herein), which that may have occurred or are continuing as of the date hereof or which that may occur after the date hereof. (b) Subject to Section 3.2 2.2 above (and solely with respect to the Specified DefaultsExisting Default), GE Capital Lender reserves the right, in its sole discretion, to exercise any or all of its rights and remedies under the Credit Loan Agreement and the other Loan Documents Other Agreements as a result of any Defaults or Events of Default which that may be continuing on the date hereof or any Defaults or Event of Default which that may occur after the date hereof, and GE Capital Lender has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Swmx, Inc.)

No Other Waivers; Reservation of Rights. (a) GE Capital i. TAIB has not waived, is not by this Agreement waiving, and may never waivehas no intentions of waiving, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Existing Defaults or otherwise), and GE Capital TAIB has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Existing Defaults to the extent expressly set forth herein), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) ii. Subject to Section 3.2 2(b) above (and solely with respect to the Specified Existing Defaults), GE Capital TAIB reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Agreement and the other Loan Transaction Documents as a result of any Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital TAIB has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Gulf Coast Oil & Gas Inc.)

No Other Waivers; Reservation of Rights. (a) GE Capital Lender has not waived, is not by this Agreement waiving, and may never waivehas no intention of waiving, any Events of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Existing Defaults or otherwise), and GE Capital except as expressly set forth in Section 6 hereof, Lender has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during than the Forbearance Period, the Specified Defaults to the extent expressly set forth hereinExisting Defaults), which may have occurred or are continuing as of the date hereof or which may occur after the date hereof. (b) Subject to Section 3.2 above (and solely with respect to the Specified Defaults)6 above, GE Capital Lender reserves the right, in its discretion, to exercise any or all of its rights and remedies under the Credit Loan Agreement and the other Loan Documents Financing Agreements as a result of any Events of Default which may be continuing on the date hereof or any Event of Default which may occur after the date hereof, and GE Capital Lender has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Financing Agreement (Grossmans Inc)

No Other Waivers; Reservation of Rights. (a) GE Capital Neither the Agent nor any other Lender has not waived, or is not by this Agreement waiving, and may never waive, (i) any Events Default or Event of Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to other than the Specified Defaults or otherwise)and the potential Specified Defaults, and GE Capital has not agreed to forbear with respect to any of its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Specified Defaults in each case to the extent expressly set forth herein) or (ii) any Default or Event of Default which may hereafter arise (whether similar to the Specified Defaults , Potential Specified Defaults or otherwise), which may have occurred including, without limitation, any failure by the Borrowers to comply with Section 7.15 or are continuing as Section 7.16 of the date hereof Credit Agreement for any Fiscal Quarter ended prior to or which may occur after June 30, 2005 (specifically excluding the date hereofPotential Specified Defaults). (b) Subject to Section 3.2 above (The Agent and solely with respect to the Specified Defaults), GE Capital reserves Lenders reserve the right, in its their discretion, to exercise any or all of its their rights and remedies under the Credit Agreement and the other Loan Documents as a result of any Events Default or Event of Default (other than the Specified Defaults and the Potential Specified Defaults, in each case to the extent expressly set forth herein) which may be continuing on the date hereof or any Default or Event of Default (other than the Specified Defaults and the Potential Specified Defaults, in each case to the extent expressly set forth herein) which may occur after the date hereof, and GE Capital has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on its the part of the Agent or any Lender in exercising any such rights right or remediesremedy, should shall be construed as a waiver of any such rights right or remediesremedy.

Appears in 1 contract

Samples: Waiver Agreement (Curative Health Services Inc)

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