Common use of No Waiver or Novation Clause in Contracts

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Agent or Lenders, nor constitute a waiver of any provision of the Credit Agreement, the other Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or other Financing Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

Appears in 10 contracts

Samples: Credit and Security Agreement (Accuray Inc), Credit and Security Agreement (Accuray Inc), Credit and Security Agreement (Accuray Inc)

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No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided in this Amendment, operate as a waiver of any right, power or remedy of Agent or LendersAgent, nor constitute a waiver of any provision of the Credit Agreement, the other Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or other Financing Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

Appears in 8 contracts

Samples: Credit and Security Agreement (Twinlab Consolidated Holdings, Inc.), Credit and Security Agreement (Twinlab Consolidated Holdings, Inc.), Credit and Security Agreement (Twinlab Consolidated Holdings, Inc.)

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided in this Amendment, operate as a waiver of any right, power or remedy of Agent or LendersAgent, nor constitute a waiver of any provision of the Credit Agreement, the other Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing Except as expressly provided herein, nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or other Financing Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

Appears in 5 contracts

Samples: Credit and Security Agreement (Twinlab Consolidated Holdings, Inc.), Credit and Security Agreement (Twinlab Consolidated Holdings, Inc.), Credit and Security Agreement (Twinlab Consolidated Holdings, Inc.)

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Agent or LendersAgent, nor constitute a waiver of any provision of the Credit Agreement, the other Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing, except as set forth above. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or other Financing Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

Appears in 5 contracts

Samples: Credit and Security Agreement (Staffing 360 Solutions, Inc.), Credit and Security Agreement (Staffing 360 Solutions, Inc.), Credit and Security Agreement (Staffing 360 Solutions, Inc.)

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided in this Amendment, operate as a waiver of any right, power or remedy of Agent or LendersAgent, nor constitute a waiver of any provision of the Credit Agreement, the other Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed as a waiver of any existing Defaults defaults or Events of Default under the Credit Agreement or other Financing Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

Appears in 4 contracts

Samples: Credit and Security Agreement (Integrated Healthcare Holdings Inc), Credit Agreement (Integrated Healthcare Holdings Inc), Credit and Security Agreement (Integrated Healthcare Holdings Inc)

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided in this Amendment, operate as a waiver of any right, power or remedy of Agent or LendersAgent, nor constitute a modification or waiver of any provision of the Credit Agreement, the other Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or other Financing Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

Appears in 3 contracts

Samples: Credit, Security and Guaranty Agreement (Wright Medical Group N.V.), Credit, Security and Guaranty Agreement (Wright Medical Group N.V.), Credit, Security and Guaranty Agreement (Wright Medical Group N.V.)

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Agent or Lenders, nor constitute a waiver of any provision of the Credit Agreement, the other Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing, except as provided in Section 1 above. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or other Financing Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Pernix Therapeutics Holdings, Inc.), Credit Agreement (Pernix Therapeutics Holdings, Inc.)

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided in this Amendment, operate as a waiver of any right, power or remedy of Agent or LendersAgent, nor constitute a waiver of any provision of the Credit Agreement, the other Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed construed, except as expressly provided in this Amendment, as a waiver of any existing Defaults or Events of Default under the Credit Agreement or other Financing Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

Appears in 2 contracts

Samples: Credit and Security Agreement (Twinlab Consolidated Holdings, Inc.), Credit and Security Agreement (Twinlab Consolidated Holdings, Inc.)

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided in this Amendment, operate as a waiver of any right, power or remedy of Agent or LendersAgent, nor constitute a waiver of any provision of the Credit Loan Agreement, the other Financing Loan Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Loan Agreement or other Financing Loan Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Loan Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Kalobios Pharmaceuticals Inc), Loan and Security Agreement (Kalobios Pharmaceuticals Inc)

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No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided in this Amendment, operate as a waiver of any right, power or remedy of Agent or LendersLender, nor constitute a waiver of any provision of the Credit Agreement, the other Financing Loan Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or the other Financing Loan Documents or any of AgentLender’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (PARETEUM Corp)

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided in this Amendment, operate as a waiver of any right, power or remedy of Agent or LendersAgent, nor constitute a modification or waiver of any provision of the Credit Agreement, the other Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or other Financing Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.. MidCap / Xxxxxx / Amendment No. 2 to Credit Agreement

Appears in 1 contract

Samples: Credit, Security and Guaranty Agreement (Wright Medical Group N.V.)

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of Agent or Lenders, nor constitute a waiver of any provision of the Credit Agreement, the other Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or other Financing Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit Agreement.

Appears in 1 contract

Samples: Credit Agreement (Pernix Therapeutics Holdings, Inc.)

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not operate as a waiver of any right, power or remedy of the Administrative Agent or Lenders, nor constitute a waiver of any provision of the Credit Agreement, Agreement or the other Financing Documents or any other documents, instruments and agreements executed or delivered in connection with any of the foregoingLoan Documents. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Agreement or other Financing Documents or any of Agent’s or Lenders’ rights and remedies in respect of such Defaults or Events of DefaultLoan Documents. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit AgreementAgreement or any of the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Cyalume Technologies Holdings, Inc.)

No Waiver or Novation. The execution, delivery and effectiveness of this Amendment shall not not, except as expressly provided in this Amendment, operate as a waiver of any right, power or remedy of Agent or Lendersthe Lender, nor constitute a waiver of any provision of the Credit Loan Agreement, the other Financing Loan Documents or any other documentsdocument, instruments and agreements executed or delivered in connection with any of the foregoing. Nothing herein is intended or shall be construed as a waiver of any existing Defaults or Events of Default under the Credit Loan Agreement or other Financing Loan Documents or any of Agentthe Lender’s or Lenders’ rights and remedies in respect of such Defaults or Events of Default. This Amendment (together with any other document executed in connection herewith) is not intended to be, nor shall it be construed as, a novation of the Credit AgreementLoan Agreement or the Obligations.

Appears in 1 contract

Samples: Loan Agreement (TSS, Inc.)

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