No Waiver or Consent. Nothing in this Section 4.01(b) shall be construed to constitute the Lenders' consent to any transaction referenced hereinabove which is not expressly permitted by Article X or affect any of the Lenders' rights and remedies hereunder as a result of any non-compliance with Article X.
No Waiver or Consent. Except as specifically set forth herein, the execution and delivery hereof by the parties hereto shall not constitute a consent or waiver of any provisions of the Merger Agreement. No waiver by any party of any breach or violation or, default under or inaccuracy in any representation, warranty or covenant hereunder or under the Merger Agreement, whether intentional or not, will be deemed to extend to any prior or subsequent breach, violation, default of, or inaccuracy in, any such representation, warranty or covenant hereunder or thereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No delay or omission on the part of any party in exercising any right, power or remedy under this Amendment or the Merger Agreement will operate as a waiver thereof.
No Waiver or Consent. No waiver of any breach, or failure to enforce any provision, of this Agreement at any time by any party in any way affects, limits or waives the right of such party to later enforce and compel strict compliance with the provisions of this Agreement. No consent under this Agreement shall be valid unless it is in writing, nor will it eliminate or modify the need for a specific consent in any other instance.
No Waiver or Consent. Nothing in Section 3.01(b) shall be construed to constitute the Lenders' consent to any transaction referenced in clauses (i), (iii) or (iv) above which is not expressly permitted by Article IX.
No Waiver or Consent. No waiver of any breach, or failure to enforce any provision, of this Deed at any time by either party in any way affects, limits or waives the right of such party to later enforce and compel strict compliance with the provisions of this Deed. No consent under this Deed is valid unless it is in writing, nor will it eliminate or modify the need for a specific consent in any other instance.
No Waiver or Consent. No waiver of or consent given under any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of or consent given under any other provision or with respect to any other matter, whether or not similar, nor shall any waiver or consent constitute a continuing waiver or consent. No waiver or consent shall be binding unless executed in writing by the party giving such waiver or consent.
No Waiver or Consent. The failure by Holder to assert its rights upon the occurrence of an Event of Default, or the waiver by Holder of its rights upon any Event of Default, shall not constitute a consent to or waiver of Holder’s rights with respect to any other Event of Default.
No Waiver or Consent. Nothing in this Section -------------------- ------- 4.1
No Waiver or Consent. Notwithstanding anything to the contrary contained herein or inferred hereby or in any other instrument executed by the Borrower and/or Lender, on or before the Effective Date, the agreements, covenants and provisions contained herein shall constitute the only evidence of Lender’s consent to modify the terms and provisions of the Loan Documents in the manner set forth herein. Accordingly, no express or implied consent to any further modifications of the Loan or the Loan Documents, whether any such modifications involve any of the matters set forth in this Agreement or otherwise, shall be inferred or implied from Lender’s execution of the Agreement unless evidenced by an express written agreement executed by Lender. Further, Lender’s execution of this Agreement shall not constitute a waiver (either express or implied) of the requirement that any further modifications of the Loan or any of the Loan Documents shall require the express written approval of Lender, no such approval (either express or implied) having been given as of the Effective Date.
