Common use of No Waiver by Course of Conduct Clause in Contracts

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 61 contracts

Samples: Security and Pledge Agreement (Cambium Networks Corp), Security Agreement (Unisys Corp), Security Agreement (Unisys Corp)

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No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.58.6), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 18 contracts

Samples: Guaranty and Security Agreement (University Club, Inc. (FL)), Guaranty and Security Agreement (Princeton Review Inc), Guaranty and Security Agreement (Medical Staffing Network Holdings Inc)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.58.5 hereof), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 14 contracts

Samples: Guaranty and Security Agreement (Rimini Street, Inc.), Security Agreement (AgeX Therapeutics, Inc.), Security Agreement (AgeX Therapeutics, Inc.)

No Waiver by Course of Conduct. No Neither the Collateral Agent nor any Secured Party shall by any act (except by a written instrument pursuant to Section 8.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of the Collateral Agent or any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Collateral Agent or any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such the Collateral Agent or any Secured Party would otherwise have on any future occasion.

Appears in 9 contracts

Samples: Loan Agreement (UroGen Pharma Ltd.), Loan Agreement (Collegium Pharmaceutical, Inc), Guaranty and Security Agreement (UroGen Pharma Ltd.)

No Waiver by Course of Conduct. No Secured Purchaser Party shall by any act (except by a written instrument pursuant to Section 8.57.4), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Purchaser Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Purchaser Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Purchaser Party would otherwise have on any future occasion.

Appears in 5 contracts

Samples: Security Agreement (ReShape Lifesciences Inc.), Security Agreement (Vsee Health, Inc.), Security Agreement (Chromocell Therapeutics Corp)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.57.4), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 4 contracts

Samples: Security Agreement (Fresh Vine Wine, Inc.), Security Agreement (Unique Logistics International Inc), Registration Rights Agreement (Bergio International, Inc.)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.57.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 4 contracts

Samples: Pledge and Security Agreement (Waitr Holdings Inc.), Lien Security Agreement (CVR Partners, Lp), Security Agreement (Thermon Holding Corp.)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.5), delay, indulgence, omission 20.1) or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of DefaultDefault or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which such Secured Party would otherwise have on any future occasion.

Appears in 3 contracts

Samples: Security Agreement (Graftech International LTD), Security Agreement (GrafTech Holdings Inc.), Security Agreement (Graftech International LTD)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.56.9), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 3 contracts

Samples: Security Agreement (Olympic-Cascade Publishing, Inc.), Security Agreement (Newsprint Ventures, Inc.), Security Agreement (McClatchy Co)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.57)e)), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No Default and no failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Sunrun Inc.), Guaranty and Security Agreement (Sunrun Inc.), Guaranty and Security Agreement (Sunrun Inc.)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.57.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No Default and no failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 3 contracts

Samples: Guaranty and Security Agreement (Sunrun Inc.), Guaranty and Security Agreement (Sunrun Inc.), Guaranty and Security Agreement (Sunrun Inc.)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.5)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 2 contracts

Samples: Security Agreement (Securus Technologies, Inc.), Clean Energy Fuels Corp.

No Waiver by Course of Conduct. No The Secured Party shall not by any act (except by a written instrument pursuant to Section 8.5executed by it), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any the Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any the Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such the Secured Party would otherwise have on any future occasion.

Appears in 2 contracts

Samples: Security Agreement (Palm Harbor Homes Inc /Fl/), Security Agreement (Cavco Industries Inc)

No Waiver by Course of Conduct. No The Secured Party shall not by any act (except by a written instrument pursuant to Section 8.57.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any the Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such the Secured Party would otherwise have on any future occasion.

Appears in 2 contracts

Samples: Security Agreement (UA Granite Corp), Security Agreement (Stevia Corp)

No Waiver by Course of Conduct. No Neither Lender nor any other Secured Party shall by any act (except by a written instrument pursuant to Section 8.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of Lender or any other Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by Lender or any other Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Lender or any other Secured Party would otherwise have on any future occasion.

Appears in 2 contracts

Samples: Loan Agreement, Guaranty and Security Agreement (Amicus Therapeutics Inc)

No Waiver by Course of Conduct. No Secured Credit Party shall by any act (except by a written instrument pursuant to Section 8.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Credit Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Credit Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Credit Party would otherwise have on any future occasion.

Appears in 2 contracts

Samples: Guaranty and Security Agreement, Guaranty and Security Agreement (Vertex Energy Inc.)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.57.7), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 2 contracts

Samples: Collateral Agreement (Cit Group Inc), Lease Agreement (Cit Group Inc)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.58.6), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion. GUARANTY AND SECURITY AGREEMENT ASSISTED LIVING CONCEPTS, INC.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Assisted Living Concepts Inc)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written signed instrument by the required Persons pursuant to Section 8.58.1 hereof and Section 6.6 of the Facility Agreement), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder or under any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Endologix Inc /De/)

No Waiver by Course of Conduct. No Secured Party party shall by any act (except by a written instrument pursuant to Section 8.58.6), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Partyparty, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party party would otherwise have on any future occasion.. Section 8.5

Appears in 1 contract

Samples: Guaranty and Security Agreement (Townsquare Media, Inc.)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.5β€Ž7.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (CVR Partners, Lp)

No Waiver by Course of Conduct. No The Secured Party shall not by any act (except by a written instrument pursuant to Section 8.5)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any the Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any the Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (Conduit Pharmaceuticals Inc.)

No Waiver by Course of Conduct. No Secured Holder Party shall by any act (except by a written instrument pursuant to Section 8.57.4), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Holder Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Holder Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Holder Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (Vsee Health, Inc.)

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No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.58.6), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion. SECOND LIEN GUARANTY AND SECURITY AGREEMENT WESTWOOD ONE, INC.

Appears in 1 contract

Samples: Joinder Agreement (Westwood One Inc /De/)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.57.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Secured Debt Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (Entravision Communications Corp)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.58.2 of the Loan Agreement), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Control Agreement (DPW Holdings, Inc.)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.5)act, delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder or under any other Security Document shall operate as a waiver thereof. thereof No single or partial exercise of any right, power or privilege hereunder or under any other Security Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder or any other Security Document on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Junior Lien Security Agreement (Endologix Inc /De/)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.58.4), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Einstein Noah Restaurant Group Inc)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.5), delay, indulgence, omission 18.1) or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of DefaultDefault or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (Graftech International LTD)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.58.6), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege GUARANTY AND SECURITY AGREEMENT AKORN, INC. 29 hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Akorn Inc)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.58.6), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion. GUARANTY AND SECURITY AGREEMENT WESTWOOD ONE, INC.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Westwood One Inc /De/)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.59.6), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Palm Harbor Homes Inc /Fl/)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.57.6), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Agreement (Lojack Corp)

No Waiver by Course of Conduct. No The Secured Party shall by any act (except by a written instrument pursuant to Section 8.5), delay, indulgence, omission or otherwise not be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of DefaultDefault by any act (except by a written instrument pursuant to subsection 16(a)), delay, indulgence, omission or otherwise. No failure to exercise, nor any delay in exercising, on the part of any the Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any the Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such which the Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (American Gaming & Entertainment LTD /De)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written signed instrument by the required Persons pursuant to Section 8.58.1 hereof and Section 6.6 of the Credit Agreement), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder or under any other Loan Document shall operate as a waiver thereof. thereof No single or partial exercise of any right, power or privilege hereunder or under any other Loan Document shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder or any other Loan Document on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Endologix Inc /De/)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.52.6), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Guaranty Agreement (Rush Enterprises Inc \Tx\)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.57.5), delay, indulgence, omission or otherwise be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of Default. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (Entravision Communications Corp)

No Waiver by Course of Conduct. No Secured Party shall by any act (except by a written instrument pursuant to Section 8.5), delay, indulgence, omission 19.1) or otherwise delay be deemed to have waived any right or remedy hereunder or to have acquiesced in any Default or Event of DefaultDefault or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of any Secured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by any Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which such Secured Party would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (Evenflo Co Inc)

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