Common use of No Waiver of Defaults; Waiver Clause in Contracts

No Waiver of Defaults; Waiver. No course of action or dealing, renewal, waiver, release or extension of any provision of any Loan Document or this Agreement, or single or partial exercise of any such provision, or delay, failure or omission on Secured Party's or Lenders' part in enforcing any such provision shall affect the liability of Pledgor or operate as a waiver of such provision or preclude any other or further exercise of such provision. No waiver by Secured Party or any Lender of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document or this Agreement shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document or this Agreement, by completing the Closing and/or by making Advances and/or funding the Loans, neither Secured Party nor any Lender waives any breach of any representation or warranty under any Loan Document or this Agreement, and all of Secured Party's and Lenders' claims and rights resulting therefrom are specifically reserved. Except as expressly provided for herein, Pledgor hereby waives setoff, counterclaim, demand, presentment, protest, all defenses with respect to any and all instruments and all notices and demands of any description (including, without limitation, notice of acceptance hereof, notice of any Loan made, credit extended, collateral received or delivered) and the pleading of any statute of limitations as a defense to any demand under any Loan Document, it being the intention that Pledgor shall remain liable under this Agreement and the Loan Documents until the full amount of all Secured Obligations shall have been indefeasibly paid in cash and performed and satisfied in full and the Loan Agreement terminated, notwithstanding any act, omission or anything else which might otherwise operate as a legal or equitable discharge of Pledgor. Pledgor hereby waives any and all defenses and counterclaims it may have or could interpose in any action or procedure brought by Secured Party or any Lender to obtain an order of court recognizing the assignment of, or Lien of Secured Party, for its benefit and the benefit of the Lenders, in and to, any Collateral.

No Waiver of Defaults; Waiver. No course of action or dealing, renewal, waiver, release or extension of any provision of any Loan Document or this Agreement, or single or partial exercise of any such provision, or delay, failure or omission on Secured Party's ’s or the Lenders' ’ part in enforcing any such provision shall affect the liability of Pledgor or operate as a waiver of such provision or preclude any other or further exercise of such provision. No waiver by Secured Party or any Lender of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document or this Agreement shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document or this Agreement, by completing the Closing and/or by making Advances and/or funding the LoansAdvances, neither Secured Party nor any Lender waives any breach of any representation or warranty under any Loan Document or this Agreement, and all of Secured Party's ’s and the Lenders' ’ claims and rights resulting therefrom are specifically reserved. Except as expressly provided for herein, Pledgor hereby waives setoff, counterclaim, demand, presentment, protest, all defenses (other than indefeasible payment) with respect to any and all instruments and all notices and demands of any description (including, without limitation, notice of acceptance hereof, notice of any Loan made, credit extended, collateral received or delivered) and the pleading of any statute of limitations as a defense to any demand under any Loan Document, it being the intention that Pledgor shall remain liable under this Agreement and the Loan Documents until the full amount of all Secured Obligations shall have been indefeasibly paid in cash and performed and satisfied in full and the Loan Credit Agreement terminated, notwithstanding any act, omission or anything else which might otherwise operate as a legal or equitable discharge of Pledgor. Pledgor hereby waives any and all defenses (other than indefeasible payment) and counterclaims it may have or could interpose in any action or procedure proceeding brought by Secured Party or any Lender to obtain an order of court recognizing the assignment of, or Lien of Secured Party, for its benefit and the benefit of the Lenders, in and to, any Collateral.

No Waiver of Defaults; Waiver. (a) No course of action or dealing, renewal, waiver, release or extension of any provision of any Loan Document or this Agreement, or single or partial exercise of any such provision, or delay, failure or omission on Secured Party's Agent’s or Lenders' any Lender’s part in enforcing any such provision shall affect the liability of Pledgor Guarantor or operate as a waiver of such provision or preclude any other or further exercise of such provision. No waiver by Secured Party Agent or any Lender Lenders of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document or this Agreement shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. . (b) Notwithstanding any other provision of any Loan Document or this Agreement, by completing the Closing closing of the Financing Agreement and/or by making Advances of advances and/or funding the Revolving Loans, neither Secured Party Agent nor any Lender waives any breach of any representation or warranty under any Loan Document or this Agreement, and all of Secured Party's Agent’s and Lenders' ’ claims and rights resulting therefrom are specifically reserved. Except as expressly provided for herein, Pledgor Guarantor hereby waives setoff, counterclaim, demand, presentment, protest, all defenses with respect to any and all instruments and all notices and demands of any description (including, without limitation, notice of acceptance hereof, notice of any Loan made, credit extended, collateral received or delivered) and the pleading of any statute of limitations as a defense to any demand under any Loan Document, it being the intention that Pledgor Guarantor shall remain liable under this Agreement and the Loan Documents until the full amount of all Secured Guaranteed Obligations shall have been indefeasibly paid in cash and performed and satisfied in full and the Loan Financing Agreement terminated, notwithstanding any act, omission or anything else which might otherwise operate as a legal or equitable discharge of PledgorGuarantor. Pledgor Guarantor hereby waives any and all defenses and counterclaims it Guarantor may have or could interpose in any action or procedure brought by Secured Party Agent or any Lender Lenders to obtain an order of court recognizing the assignment of, or Lien of Secured Party, for its benefit and the benefit of the LendersAgent, in and to, any Loan Collateral.

No Waiver of Defaults; Waiver. (a) No course of action or dealing, renewal, waiver, release or extension of any provision of any Loan Document or this Agreement, or single or partial exercise of any such provision, or delay, failure or omission on Secured Party's or Lenders' ’ part in enforcing any such provision shall affect the liability of Pledgor Guarantor or operate as a waiver of such provision or preclude any other or further exercise of such provision. No waiver by Secured Party or any Lender of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document or this Agreement shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. . (b) Notwithstanding any other provision of any Loan Document or this Agreement, by completing the Closing and/or by making of Advances and/or funding the Loans, neither Secured Party nor any Lender waives does not waive any breach of any representation or warranty under any Loan Document or this Agreement, and all of Secured Party's and Lenders' Lender’s claims and rights resulting therefrom are specifically reserved. Except as expressly provided for herein, Pledgor Guarantor hereby waives setoff, counterclaim, demand, presentment, protest, all defenses with respect to any and all instruments and all notices and demands of any description (including, without limitation, notice of acceptance hereof, notice of any Loan made, credit extended, collateral received or delivered) and the pleading of any statute of limitations as a defense to any demand under any Loan Document, it being the intention that Pledgor Guarantor shall remain liable under this Agreement and the Loan Documents until the full amount of all Secured Guaranteed Obligations shall have been indefeasibly paid in cash and performed and satisfied in full and the Loan Agreement terminated, notwithstanding any act, omission or anything else which might otherwise operate as a legal or equitable discharge of Pledgor. Pledgor hereby waives any and all defenses and counterclaims it may have or could interpose in any action or procedure brought by Secured Party or any Lender to obtain an order of court recognizing the assignment of, or Lien of Secured Party, for its benefit and the benefit of the Lenders, in and to, any CollateralGuarantor.

No Waiver of Defaults; Waiver. No course of action or dealing, renewal, waiver, release or extension of any provision of any Loan Document or this Agreement, or single or partial exercise of any such provision, or delay, failure or omission on Secured Party's or Lenders' part in enforcing any such provision shall affect the liability of Pledgor or operate as a waiver of such provision or preclude any other or further exercise of such provision. No waiver by Secured Party or any Lender of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document or this Agreement shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document or this Agreement, by completing the Closing and/or by making Advances and/or funding the Loans, neither Secured Party nor any Lender waives any breach of any representation or warranty under any Loan Document or this Agreement, and all of Secured Party's and Lenders' claims and rights resulting therefrom are specifically reserved. Except as expressly provided for herein, Pledgor hereby waives setoff, counterclaim, demand, presentment, protest, all defenses with respect to any and all instruments and all notices and demands of any description (including, without limitation, notice of acceptance hereof, notice of any Loan made, credit extended, collateral received or delivered) and the pleading of any statute of limitations as a defense to any demand under any Loan Document, it being the intention that Pledgor shall remain liable under this Agreement and the Loan Documents until the full amount of all Secured Obligations shall have been indefeasibly paid in cash and performed and satisfied in full and the Loan Agreement terminated, notwithstanding any act, omission or anything else which might otherwise operate as a legal or equitable discharge of Pledgor. Pledgor hereby waives any and all defenses and counterclaims it may have or could interpose in any action or procedure brought by Secured Party or any Lender to obtain an order of court recognizing the assignment of, or Lien of Secured Party, for its benefit and the benefit of the Lenders, in and to, any Collateral.

No Waiver of Defaults; Waiver. No course of action or dealing, renewal, waiver, release or extension of any provision of any Loan Document or this Agreement, or single or partial exercise of any such provision, or delay, failure or omission on Secured Party's ’s or Lenders' ’ part in enforcing any such provision shall affect the liability of Pledgor or operate as a waiver of such provision or preclude any other or further exercise of such provision. No waiver by Secured Party or any Lender of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document or this Agreement shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document or this Agreement, by completing the Closing and/or by making Advances and/or funding the LoansLoan, neither Secured Party nor any Lender waives any breach of any representation or warranty under any Loan Document or this Agreement, and all of Secured Party's ’s and Lenders' ’ claims and rights resulting therefrom are specifically reserved. Except as expressly provided for herein, Pledgor hereby waives setoff, counterclaim, demand, presentment, protest, all defenses with respect to any and all instruments and all notices and demands of any description (including, without limitation, notice of acceptance hereof, notice of any Loan made, credit extended, collateral received or delivered) and the pleading of any statute of limitations as a defense to any demand under any Loan Document, it being the intention that Pledgor shall remain liable under this Agreement and the Loan Documents until the full amount of all Secured Obligations shall have been indefeasibly paid in cash (other than indemnity obligations under the Loan Documents not then due and payable for any events of claims that would give rise thereto that are not then pending) and performed and satisfied in full and any commitments to extend credit under the Loan Agreement are terminated, notwithstanding any act, omission or anything else which might otherwise operate as a legal or equitable discharge of Pledgor. Pledgor hereby waives any and all defenses and counterclaims it may have or could interpose in any action or procedure brought by Secured Party or any Lender to obtain an order of court recognizing the assignment of, or Lien of Secured Party, for its benefit and the benefit of the Lenders, in and to, any Collateral.

No Waiver of Defaults; Waiver. (a) No course of action or dealing, renewal, waiver, release or extension of any provision of any Loan Document the Note or this Agreement, or single or partial exercise of any such provision, or delay, failure or omission on Secured Party's or Lenders' ’s part in enforcing any such provision shall affect the liability of Pledgor Guarantor or operate as a waiver of such provision or preclude any other or further exercise of such provision. No waiver by Secured Party or any Lender of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document Note or this Agreement shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. . (b) Notwithstanding any other provision of any Loan Document this Agreement or this Agreementthe Note, by exercising any of its rights hereunder or thereunder or by completing any of the Closing and/or by making Advances and/or funding the Loanstransactions contemplated hereunder or thereunder, neither Secured Party nor any Lender neither waives any breach of any representation or warranty under any Loan Document the Note or this Agreement, and all of Secured Party's and Lenders' ’s claims and rights resulting herefrom or therefrom are specifically reserved. Except as expressly provided for herein, Pledgor Guarantor hereby waives setoff, counterclaim, demand, presentment, protest, all defenses with respect to any and all instruments and all notices and demands of any description (including, without limitation, notice of acceptance hereof, notice of any Loan made, credit extended, collateral received or delivered) and the pleading of any statute of limitations as a defense to any demand under any Loan Documentthe Note, it being the intention that Pledgor Guarantor shall remain liable under this Agreement and the Loan Documents Note until the full amount of all Secured of the Obligations (except contingent Obligations for which no claim has been made) shall have been indefeasibly paid in cash (and/or converted into shares of Common Stock in accordance with the terms and conditions of the Note) and performed and satisfied in full and the Loan Agreement Note terminated, notwithstanding any act, omission or anything else which might otherwise operate as a legal or equitable discharge of PledgorGuarantor, subject to the limitations set forth in Section 2.3 hereof. Pledgor Guarantor hereby waives any and all defenses and counterclaims it may have or could interpose in any action or procedure brought by Secured Party or any Lender to obtain an order of court recognizing the assignment of, or Lien lien of Secured Party, for its benefit and the benefit of the Lendersbenefit, in and to, any Collateral.

No Waiver of Defaults; Waiver. (a) No course of action or dealing, renewal, waiver, release or extension of any provision of any Loan Document the Amended Note or this Agreement, or single or partial exercise of any such provision, or delay, failure or omission on Secured Party's or Lenders' ’s part in enforcing any such provision shall affect the liability of Pledgor or operate as a waiver of such provision or preclude any other or further exercise of such provision. No waiver by Secured Party or any Lender of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document the Amended Note or this Agreement shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document or this Agreement, by completing the Closing and/or by making Advances and/or funding the Loans, neither Secured Party nor any Lender waives any breach of any representation or warranty under any Loan Document or this Agreement, and all of Secured Party's and Lenders' claims and rights resulting therefrom are specifically reserved. . (b) Except as expressly provided for herein, Pledgor hereby waives setoff, counterclaim, demand, presentment, protest, all defenses with respect to any and all instruments and all notices and demands of any description (including, without limitation, notice of acceptance hereof, notice of any Loan made, credit extended, collateral received or delivered) and the pleading of any statute of limitations as a defense to any demand under any Loan Documentthe Amended Note, it being the intention that Pledgor shall remain liable under this Agreement and the Loan Documents Amended Note until the full amount of all Secured Obligations shall have Amended Note has been indefeasibly paid fully repaid in cash and performed and satisfied in full and the Loan Agreement terminatedaccordance with its terms, notwithstanding any act, omission or anything else which might otherwise operate as a legal or equitable discharge of Pledgor. Pledgor hereby waives any and all defenses and counterclaims it may have or could interpose in any action or procedure brought by Secured Party or any Lender to obtain an order of court recognizing the assignment of, or Lien lien of Secured Party, for its benefit and the benefit of the Lenders, Party in and to, any Collateral.

No Waiver of Defaults; Waiver. (a) No course of action or dealing, renewal, waiver, release or extension of any provision of any Loan Document or this Agreement, or single or partial exercise of any such provision, or delay, failure or omission on Secured PartyCIT's or Lenders' part in enforcing any such provision shall affect the liability of Pledgor Guarantor or operate as a waiver of such provision or preclude any other or further exercise of such provision. No waiver by Secured Party or any Lender CIT of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document or this Agreement shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. . (b) Notwithstanding any other provision of any Loan Document or this Agreement, by completing the Closing closing of the Financing Agreement and/or by making Advances of advances and/or funding the Revolving Loans, neither Secured Party nor any Lender waives CIT does not waive any breach of any representation or warranty under any Loan Document or this Agreement, and all of Secured PartyCIT's and Lenders' claims and rights resulting therefrom are specifically reserved. Except as expressly provided for herein, Pledgor Guarantor hereby waives setoff, counterclaim, demand, presentment, protest, all defenses with respect to any and all instruments and all notices and demands of any description (including, without limitation, notice of acceptance hereof, notice of any Loan made, credit extended, collateral received or delivered) and the pleading of any statute of limitations as a defense to any demand under any Loan Document, it being the intention that Pledgor Guarantor shall remain liable under this Agreement and the Loan Documents until the full amount of all Secured Guaranteed Obligations shall have been indefeasibly paid in cash and performed and satisfied in full and the Loan Financing Agreement terminated, notwithstanding any act, omission or anything else which might otherwise operate as a legal or equitable discharge of PledgorGuarantor. Pledgor Guarantor hereby waives any and all defenses and counterclaims it Guarantor may have or could interpose in any action or procedure brought by Secured Party or any Lender CIT to obtain an order of court recognizing the assignment of, or Lien of Secured Party, for its benefit and the benefit of the LendersCIT, in and to, any Loan Collateral.