No Waiver; Reservation of Rights. The Agent and the Lenders have not waived, are not by this Agreement waiving, and have no present intention of waiving any Events of Default (other than the Specified Defaults) which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Defaults or otherwise), and nothing contained herein shall be deemed or constitute any such waiver. The Lender Group reserves the right, in its discretion, to exercise any or all rights or remedies under the Credit Agreement, the other Loan Documents, applicable law and otherwise (including, without limitation, any rights afforded to the Agent and Lenders under the Intercreditor Agreement) as a result of any other Events of Default that may be continuing on the date hereof or any Events of Default that may occur after the date hereof, and the Agent and the Lenders have not waived any of such rights or remedies and nothing in this Agreement, and no delay on the Agent’s and the Lenders’ part in exercising such rights or remedies, should be construed as a waiver of any such rights or remedies. Each member of the Lender Group reserves the right to request any additional information (financial or otherwise) with respect to the Specified Defaults or any other Event of Default or otherwise.
Appears in 3 contracts
Samples: Waiver and Eleventh Amendment (Velocity Express Corp), Waiver (Velocity Express Corp), And Waiver (Velocity Express Corp)
No Waiver; Reservation of Rights. The Agent and the Lenders have not waived, are not by this Agreement waiving, Amendment No. 3 waiving and have has no present intention of waiving the Existing Defaults or any Events other Event of Default (other than that has occurred as of the Specified Defaults) which date hereof, that may be continuing on as of the date hereof or any Events of Default which that may occur after the date hereof (hereof, whether any such Events of Default are the same or similar to the Specified Defaults or otherwise), and nothing contained herein shall be deemed or constitute any such waiverExisting Defaults. The Lender Group reserves Except with respect to the rightExisting Defaults, in its discretioneach case, as and to the extent expressly set forth in Section 5 of Amendment No. 2, Agent and Lenders have not agreed to forbear from exercising any of their respective rights or remedies concerning any Event of Default that may have occurred as of the date hereof, that may be continuing as of the date hereof or that may occur after the date hereof. Subject to Section 5 of Amendment No. 2, Agent and Lenders reserve the right to exercise any or all of their respective rights or and remedies under the Credit Agreement, the other Loan Documents, applicable law and Financing Agreements or otherwise (including, without limitation, any rights afforded to the Agent and Lenders under the Intercreditor Agreement) as a result of any other Events Event of Default that may be continuing on the date hereof or any Events of Default that may occur after the date hereof, and the . Agent and the Lenders have not waived any of such their respective rights or remedies and nothing in this AgreementAmendment No. 3, and no or any delay on the Agent’s and the Lenders’ their part in exercising any such rights or remedies, should be construed as a waiver of any such rights or remedies. Each member of the Lender Group reserves the right to request any additional information (financial or otherwise) with respect to the Specified Defaults or any other Event of Default or otherwise.
Appears in 1 contract
Samples: Loan and Security Agreement (RTW Retailwinds, Inc.)
No Waiver; Reservation of Rights. The Agent and the Lenders have not waived, are not by this Agreement waiving, and have no present intention of waiving waiving, any Events of Specified Default (except during the Forbearance Period to the limited extent set forth herein) or any other than the Specified Defaults) Default which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the any Specified Defaults Default or otherwise), and nothing contained herein shall be deemed or constitute any such waiver. The Lender Group reserves Subject to Section 1(a) hereof, the Agent and the Secured Parties reserve the right, in its their discretion, to exercise any or all rights or remedies under the Credit Agreement, the Agreement or any other Loan DocumentsDocument, applicable law and otherwise (including, without limitation, any rights afforded to the Agent and Lenders under the Intercreditor Agreement) as a result of any Specified Default or any other Events of Default that may be continuing on the date hereof or any Events of Default that may occur after the date hereof, and the Agent and the Lenders Secured Parties have not waived any of such rights or remedies and nothing in this Agreement, and no delay on the Agent’s and or the LendersSecured Parties’ part in exercising such rights or remedies, should be construed as a waiver of any such rights or remedies. Each member of The Agent and the Lender Group reserves Secured Parties reserve the right to reasonably request any additional information (financial or otherwise) with respect to the any Specified Defaults Default or any other Event of Default or otherwise. Nothing in this Agreement shall be deemed, asserted or construed to impair or prejudice the rights of the Agent and the Secured Parties to appear and be heard on any issue, or to object to any relief sought, in any proceeding under any Debtor Relief Law.
Appears in 1 contract
Samples: Forbearance Agreement (Nortek Inc)
No Waiver; Reservation of Rights. The Agent and the Lenders have not waived, are not by this Agreement waiving, and have no present intention of waiving any Events of Default (other than the Specified DefaultsDefault) which may be continuing on the date hereof or any Events of Default which may occur after the date hereof (whether the same or similar to the Specified Defaults Default or otherwise), and nothing contained herein shall be deemed or constitute any such waiver. The Lender Group reserves the right, in its discretion, to exercise any or all rights or remedies under the Credit Agreement, the other Loan Documents, applicable law and otherwise (including, without limitation, any rights afforded to the Agent and Lenders under the Intercreditor Agreement) as a result of any other Events of Default that may be continuing on the date hereof or any Events of Default that may occur after the date hereof, and the Agent and the Lenders have not waived any of such rights or remedies and nothing in this Agreement, and no delay on the Agent’s and the Lenders’ part in exercising such rights or remedies, should be construed as a waiver of any such rights or remedies. Each member of the Lender Group reserves the right to request any additional information (financial or otherwise) with respect to the Specified Defaults Default or any other Event of Default or otherwise.
Appears in 1 contract
Samples: Twelfth Amendment and Waiver (Velocity Express Corp)