No Waiver; Modification. The waiver of the breach of any term or condition of this Agreement shall not be deemed to constitute the waiver of any other or subsequent breach of the same or any other term or condition. No amendment or modification of this Agreement shall be valid or binding unless made in writing and signed by the other party against whom such waiver or modification is to be enforced.
No Waiver; Modification. SEVERABILITY
No Waiver; Modification. No course of dealing and no delay on the part of any Party in exercising any right, power or remedy conferred by this Agreement shall operate as a waiver thereof or otherwise prejudice such Party’s rights, powers and remedies as conferred by this Agreement. No term or provision of this Agreement may be amended, altered, modified, rescinded, supplemented, or terminated except by a writing signed by each of the Parties hereto.
No Waiver; Modification. Neither this Agreement nor the transactions herein contemplated shall operate to waive the enforcement after the date hereof of any due on sale provision, due on encumbrance provision, change-in-ownership of Borrower provision, or any other accelerating transfer provision contained in the Bank Loan Documents. No delay on the part of Administrative Agent on behalf of itself and the other Banks in the exercise of any right or remedy shall operate as a waiver thereof, and no single or partial exercise by Administrative Agent on behalf of itself and the other Banks of any right or remedy shall preclude other or further exercise thereof or the exercise of any right or remedy; nor shall any modification or waiver of any of the provisions of this Agreement be binding upon Administrative Agent or the other Banks except as expressly set forth in a writing duly signed and delivered by or on behalf of Administrative Agent. This Agreement may be executed in any number of counterparts.
No Waiver; Modification. No course of dealing and no delay on the part of any party hereto in exercising any right, power or remedy conferred by this Agreement shall operate as a waiver thereof or otherwise prejudice such party’s rights, powers and remedies conferred by this Agreement or shall preclude any other or further exercise thereof or the exercise of any other right, power and remedy. No term or provision of this Agreement may be amended, altered, modified, rescinded, supplemented, or terminated except by a writing signed by each of the parties hereto, except that the Shareholder’s consent shall be required only if the amendment directly and expressly negatively impacts his rights.
No Waiver; Modification. Any waiver of any right or default will be effective only in the instance given and will not operate as or imply of any other or similar right or default on any subsequent occasion. No waiver, modification or amendment of this Agreement or of any provision hereof will be effective unless in writing and signed by the party against whom such waiver, modification or amendment is sought to be enforced.
No Waiver; Modification. Except as otherwise expressly provided in this Agreement, neither this Agreement nor the transactions herein contemplated shall operate to waive the enforcement after the date hereof of any due on sale, due on encumbrance or accelerating transfer provision contained in the Senior Loan Documents or the Mezzanine Loan Documents. No delay on the part of Senior Lender or Subordinate Lender in the exercise of any right or remedy shall operate as a waiver thereof, and no single or partial exercise by Senior Lender or Subordinate Lender of any right or remedy shall preclude other or further exercise thereof or the exercise of any right or remedy; nor shall any modification or waiver of any of the provisions of this Agreement be binding upon Senior Lender or Subordinate Lender except as expressly set forth in a writing duly signed and delivered by or on behalf of Senior Lender or Subordinate Lender. This Agreement may be executed in any number of counterparts.
No Waiver; Modification. The failure of either party to enforce, at any time, the provisions of the Agreement shall not constitute a waiver of such provisions or the right of a party at any time to avail themselves of such remedies as either may have for any breach or breaches of such provisions. No waiver, alteration or modification of any provision of this Agreement shall be binding unless committed to writing and signed by duly authorized representatives of all parties.
No Waiver; Modification. The Secured Party may in its sole discretion waive a default. Any waiver granted by the Secured Party must be made in a writing signed by the Secured Party and no failure or delay of the Secured Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof. Any such waiver granted in a particular instance or of a particular default shall not be a waiver of other defaults or of the same kind of default at another time. No modification or change in this Agreement or the Note or any related instrument or agreement shall bind the Secured Party unless in writing signed by the Secured Party. No oral agreement shall be binding.
No Waiver; Modification. SEVERABILITY ------------------------------------- None of the terms of this Agreement can be waived or modified except expressly in writing signed by both parties. The failure of either party to insist on compliance with any provision hereof shall not constitute a waiver or modification of such provision or any other provision. If any provision hereof is held to be invalid or unenforceable by any court of competent jurisdiction or any other authority vested with jurisdiction, such holdings shall not affect the validity or enforceability of any other provision hereto.
