No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of any of the other Financing Documents or of any related documents, instruments or agreements, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents or under any related document, instrument or agreement, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any other of the Financing Documents, or to declare a default for failure to effect such prompt payment of any such other amount.
Appears in 11 contracts
Samples: Pledge, Assignment and Security Agreement, Pledge, Assignment and Security Agreement (Liquidity Services Inc), Pledge, Assignment and Security Agreement (Liquidity Services Inc)
No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of any of the other Financing Documents or of any related documents, instruments or agreementsRevolving Credit Note, or to exercise any right, power or remedy hereunder or thereunder or consequent upon a breach hereof or thereof, shall constitute a waiver of any such term, condition, covenant covenant, agreement, right, power or agreement or remedy of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By In particular, and without limitation, by accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents or under any related documentRevolving Credit Note, instrument or agreement, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any other of the Financing DocumentsRevolving Credit Note, or to declare a default for failure to effect such prompt payment of any such other amount.
Appears in 2 contracts
Samples: Revolving Loan Agreement (Nutritional High International Inc), Revolving Loan Agreement (Nutritional High International Inc)
No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant covenant, or agreement of this Agreement or of any of the other Financing Documents or of any related documents, instruments or agreementsLoan Documents, or to exercise any right, power power, or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant covenant, or agreement or of any such breach, or preclude the Lender from exercising any such right, power power, or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under the Note or under any of the other Financing Documents or under any related document, instrument or agreementLoan Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement Agreement, the Note, or under any other of the Financing other Loan Documents, or to declare a default an Event of Default for failure to effect such prompt payment of any such other amount.
Appears in 2 contracts
Samples: Loan Agreement (Stifel Financial Corp), Loan Agreement (Univec Inc)
No Waiver, etc. No failure or delay by the Lender Bank to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of any of the other Financing Loan Documents or of any related documents, instruments or agreements, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender Bank from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Loan Documents or under any related document, instrument or agreement, the Lender Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any other of the Financing Loan Documents, or to declare a default for failure to effect such prompt payment of any such other amount.
Appears in 1 contract
Samples: Pledge, Assignment and Security Agreement (Lime Energy Co.)