Common use of No Waiver by Lender Clause in Contracts

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

Appears in 4 contracts

Samples: Loan Agreement (Securicor International LTD), Loan Agreement (Intek Diversified Corp), Loan Agreement (Intek Diversified Corp)

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

Appears in 3 contracts

Samples: Credit Agreement (Ml Macadamia Orchards L P), Credit Agreement (Ml Macadamia Orchards L P), Credit Agreement (Ml Macadamia Orchards L P)

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

Appears in 2 contracts

Samples: Loan Agreement (El Conquistador Partnership Lp), Loan Agreement (WMS Hotel Corp)

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

Appears in 1 contract

Samples: Loan Agreement (Aureal Semiconductor Inc)

No Waiver by Lender. Lender's failure, at any time or timestimes hereafter, to require strict performance by Borrower of any provision of this Agreement any of the other Loan Documents shall not waive, affect effect a waiver of or otherwise diminish any right of Lender thereafter to demand strict compliance and performance therewith. Any suspension or waiver by Lender of an Event of Default by Borrower under the Loan Documents shall not suspend, waive or affect any other Event of Default by Borrower under this Agreement and any of the other Loan Documents Default, whether the same is prior or to subsequent thereto and whether of the same or of a different type. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of Lender to any other or further action in any circumstances without notice or demand. None of the undertakings, agreements, warranties, covenants and representations of Borrower contained in this Agreement or any of the other Loan Documents and no Event of Default by Borrower under this Agreement and no defaults by Borrower under any of the other Loan Documents shall be deemed to have been suspended or waived by Lender, unless such suspension or waiver is by an instrument in writing signed by an officer authorized representative of Lender and directed to Borrower specifying such suspension or waiver.

Appears in 1 contract

Samples: Secured Loan Agreement (Resource America Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Ml Macadamia Orchards L P)

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

Appears in 1 contract

Samples: Loan Agreement (Securicor International LTD)

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

Appears in 1 contract

Samples: Loan Agreement (Securicor International LTD)

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

Appears in 1 contract

Samples: Loan Agreement (Intek Diversified Corp)

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

Appears in 1 contract

Samples: Hfi Loan and Security Agreement (Triad Financial Corp)

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

Appears in 1 contract

Samples: Loan, Security and Warrant Agreement (Dental Patient Care America Inc)

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

Appears in 1 contract

Samples: Loan Agreement (Irt Property Co)

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

Appears in 1 contract

Samples: Revolving Credit Agreement (Banyan Strategic Realty Trust)

No Waiver by Lender. Lender's Lenders' failure, at any time or timestimes hereafter, to require strict performance by Borrower any of the Borrowers of any provision of this Agreement any of the other Loan Documents shall not waive, affect or diminish any right of Lender Lenders thereafter to demand strict compliance and performance therewithperformance. Any suspension or waiver by Lender Lenders of an Event of Default by any Borrower under the Loan Documents shall not suspend, waive or affect any other Event of Default by any Borrower under this Agreement and any of the other Loan Documents Documents, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower the Borrowers contained in this Agreement or any of the other Loan Documents and no Event of Default by any Borrower under this Agreement and no defaults by Borrower under any of the other Loan Documents shall be deemed to have been suspended or waived by LenderLenders, unless such suspension or waiver is by an instrument in writing signed by an officer of Lender Lenders and directed to each Borrower specifying such suspension or waiver.

Appears in 1 contract

Samples: Loan and Security Agreement (Interdent Inc)

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

Appears in 1 contract

Samples: Loan Agreement (Quixote Corp)

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