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

No Waiver by Course of Conduct. The Agent shall not, by any act (except by a written instrument pursuant to Section 11.9 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 Agent, 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 Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Agent would otherwise have on any future occasion.

Appears in 3 contracts

Samples: Pledge and Security Agreement, Guaranty, Pledge and Security Agreement (Peplin Inc), Guaranty, Pledge and Security Agreement (Peplin Inc)

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No Waiver by Course of Conduct. The Agent shall not, not by any act (except by a written instrument pursuant to Section 11.9 of the Loan Agreement)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 the Agent, 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 Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Agent would otherwise have on any future occasion. Any waiver, to be valid, must be in writing.

Appears in 1 contract

Samples: Security Agreement (Global It Holdings Inc)

No Waiver by Course of Conduct. The Agent shall not, not by any act (except by a written instrument pursuant to Section 11.9 of the Loan Agreement)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 the Agent, 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 Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that which the Agent would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (Warrantech Corp)

No Waiver by Course of Conduct. The Neither the Agent shall not, by any act (except by a written instrument pursuant to Section 11.9 of the Loan Agreement7.5), 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 Agent, 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 Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Agent would otherwise have on any future occasion.

Appears in 1 contract

Samples: Security Agreement (Schiff Nutrition International, Inc.)

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No Waiver by Course of Conduct. The Collateral Agent shall not, not by any act (except by a written instrument pursuant to Section 11.9 of the Loan Agreement8.5), 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 the Collateral Agent, 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 of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy that the Collateral Agent would otherwise have on any future occasion.

Appears in 1 contract

Samples: Avh Pledge Agreement

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