Common use of No Waiver by the Bank Clause in Contracts

No Waiver by the Bank. No course of dealing on the part of the Bank, its officers or employees, nor any failure or delay by the Bank with respect to exercising any of its rights, powers or privileges under this Agreement, the Note, the Security Instruments, or any other instrument referred to herein or executed in connection with the Note shall operate as a waiver thereof. The rights and remedies of the Bank under this Agreement, the Note, the Security Instruments, or any other instrument referred to herein or executed in connection with the Note shall be cumulative and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other right or remedy. No advance of Loan proceeds hereunder shall constitute a waiver of any of the covenants or warranties of the Borrower contained herein or of any of the conditions to the Bank's obligation to make further advances hereunder. In the event that the Borrower is unable to satisfy any such covenant, warranty or condition, no such advance of Loan proceeds shall have the effect of precluding the Bank from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 2 contracts

Samples: Credit Agreement (Tengasco Inc), Loan Agreement (Venus Exploration Inc)

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No Waiver by the Bank. No course of dealing on the part of the Bank, its officers or employees, nor any failure or delay by the Bank with respect to exercising any of its rights, powers or privileges under this Agreement, the Note, the Security Instruments, or any other instrument referred to herein or executed in connection with the Note shall operate as a waiver thereof. The rights and remedies of the Bank under this Agreement, the Note, the Security Instruments, or any other instrument referred to herein or executed in connection with the Note shall be cumulative and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other right or remedy. No advance of Loan proceeds hereunder shall constitute a waiver of any of the covenants or warranties of the any Borrower contained herein or of any of the conditions to the Bank's ’s obligation to make further advances hereunder. In the event that the any Borrower is unable to satisfy any such covenant, warranty or condition, no such advance of Loan proceeds shall have the effect of precluding the Bank from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 1 contract

Samples: Credit Agreement (Cheniere Energy Inc)

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No Waiver by the Bank. No course of dealing on the part of the Bank, its officers or employees, nor any failure or delay by the Bank with respect to exercising any of its rights, powers or privileges under this Agreement, the NoteNotes, the Security InstrumentsCollateral Documents, or any other instrument referred to herein or executed in connection with the Note Notes shall operate as a waiver thereof. The rights and remedies of the Bank under this Agreement, the NoteNotes, the Security InstrumentsCollateral Documents, or any other instrument referred to herein or executed in connection with the Note Notes shall be cumulative and the exercise or partial exercise of any such right or remedy shall not preclude the exercise of any other right or remedy. No advance of Loan proceeds hereunder shall constitute a waiver of any of the covenants or warranties of the Borrower contained herein or of any of the conditions to the Bank's obligation to make further advances hereunder. In the event that the Borrower is unable to satisfy any such covenant, warranty or condition, no such advance of Loan proceeds shall have the effect of precluding the Bank from thereafter declaring such inability to be an Event of Default as hereinabove provided.

Appears in 1 contract

Samples: Loan Agreement (Nde Environmental Corp)

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