No Waiver by Purchaser. Purchaser's failure, at any time or times, to require strict performance by Company of any provision of this Agreement and any of the other Loan Documents shall not waive, affect or diminish any right of Purchaser thereafter to demand strict compliance and performance therewith. Any suspension or waiver by Purchaser of an Event of Default by Company under the Loan Documents shall not suspend, waive or affect any other Event of Default by Company 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 Company contained in this Agreement or any of the other Loan Documents and no Event of Default by Company under this Agreement and no defaults by Company under any of the other Loan Documents shall be deemed to have been suspended or waived by Purchaser, unless such suspension or waiver is by an instrument in writing signed by an officer of Purchaser and the Required Holders and directed to Company specifying such suspension or waiver.
Appears in 3 contracts
Samples: Purchase Agreement (Select Comfort Corp), Securities Purchase Agreement (Thermoview Industries Inc), Note Purchase Agreement (Emcore Corp)
No Waiver by Purchaser. Purchaser's failure, at any time or times, to require strict performance by Company of any provision of this Agreement and any of the other Loan Transaction Documents shall not waive, affect or diminish any right of Purchaser thereafter to demand strict compliance and performance therewith. Any suspension or waiver by Purchaser of an Event of Default by Company under the Loan Transaction Documents shall not suspend, waive or affect any other Event of Default by Company under this Agreement and any of the other Loan Transaction 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 Company contained in this Agreement or any of the other Loan Transaction Documents and no Event of Default by Company under this Agreement and no defaults by Company under any of the other Loan Transaction Documents shall be deemed to have been suspended or waived by Purchaser, unless such suspension or waiver is by an instrument in writing signed by an officer of Purchaser and the Required Holders and directed to Company specifying such suspension or waiver.
Appears in 2 contracts
Samples: Note Purchase Agreement (Brookdale Living Communities Inc), Note Purchase Agreement (Brookdale Living Communities Inc)
No Waiver by Purchaser. A Purchaser's ’s failure, at any time or times, to require strict performance by Company of any provision of this Agreement and any of the other Loan Documents shall not waive, affect or diminish any right of such Purchaser thereafter to demand strict compliance and performance therewith. Any 39 suspension or waiver by a Purchaser of an Event of Default by Company under the Loan Documents shall not suspend, waive or affect any other Event of Default by Company 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 Company contained in this Agreement or any of the other Loan Documents and no Event of Default by Company under this Agreement and no defaults by Company under any of the other Loan Documents shall be deemed to have been suspended or waived by a Purchaser, unless such suspension or waiver is by an instrument in writing signed by an officer of such Purchaser and the Required Holders Purchasers and directed to Company specifying such suspension or waiver.
Appears in 1 contract
Samples: Convertible Note Purchase Agreement (Westmoreland Coal Co)
No Waiver by Purchaser. Purchaser's failure, at any time or ---------------------- times, to require strict performance by Company of any provision of this Agreement and any of the other Loan Documents shall not waive, affect or diminish any right of Purchaser thereafter to demand strict compliance and performance therewith. Any suspension or waiver by Purchaser of an Event of Default by Company under the Loan Documents shall not suspend, waive or affect any other Event of Default by Company 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 Company contained in this Agreement or any of the other Loan Documents and no Event of Default by Company under this Agreement and no defaults by Company under any of the other Loan Documents shall be deemed to have been suspended or waived by Purchaser, unless such suspension or waiver is by an instrument in writing signed by an officer of Purchaser and the Required Holders and directed to Company specifying such suspension or waiver.
Appears in 1 contract
