Common use of No Waivers, Etc Clause in Contracts

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 22 contracts

Samples: Asset Based Revolving Credit Agreement (Roundy's, Inc.), Term Loan Credit Agreement (Roundy's, Inc.), Credit Agreement (Paperweight Development Corp)

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No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or deed of trust.

Appears in 12 contracts

Samples: Credit Agreement (Kinder Morgan Holdco LLC), Credit Agreement (Health Management Associates Inc), Credit Agreement (Hertz Corp)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the mortgagee of any subordinate mortgage or the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or mortgage.

Appears in 12 contracts

Samples: Mortgage, Assignment of Rents and Leases and Security Agreement (Ev International Inc), Mortgage, Assignment of Rent & Security Agreement (Day International Group Inc), Combination Mortgage, Assignment of Rents, Security Agreement and Financing Statement (Telex Communications Inc)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the beneficiary of any subordinate mortgage or the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien this Mortgage over any subordinate lienlien or mortgage.

Appears in 8 contracts

Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Sprague Resources LP)

No Waivers, Etc. Any failure by the Mortgagee to insist upon the strict performance by the Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, hereof and the Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by the Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by the Mortgagor. The Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien liens of this Mortgage or the priority of such lien liens over any subordinate lienlien or deed of trust. The Mortgagor hereby waives any defense based on impairment of the collateral.

Appears in 4 contracts

Samples: Revolving Credit Agreement (General Motors Financial Company, Inc.), Revolving Credit Agreement (General Motors Co), Revolving Credit Agreement (General Motors Co)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor Xxxxxxxxx of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor Xxxxxxxxx of any and all of the terms and provisions of this Mortgage to be performed by MortgagorXxxxxxxxx. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 4 contracts

Samples: Mortgage (Harland Financial Solutions, Inc.), Deed to Secure Debt (Harland Financial Solutions, Inc.), Mortgage (Harland Financial Solutions, Inc.)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or Mortgage.

Appears in 3 contracts

Samples: Credit Agreement (Servicemaster Co), Revolving Credit Agreement (Servicemaster Co), Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Presstek Inc /De/)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor Xxxxxxxxx of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor Xxxxxxxxx of any and all of the terms and provisions of this Mortgage to be performed by MortgagorXxxxxxxxx. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any wise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 3 contracts

Samples: Mortgage (American Buildings Co /De/), Mortgage (American Buildings Co /De/), Mortgage (American Buildings Co /De/)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor or Borrower of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor and Borrower of any and of all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagor and Borrower; Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as was to the remainder of the security, in anywise any wise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 3 contracts

Samples: Mortgage and Security Agreement (Ifs International Inc/De), Note and Mortgage Modification (Ifs International Inc/De), Note and Mortgage Consolidation, Modification, Spreader, Extension and Security Agreement (Ifs International Inc/De)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the beneficiary of any subordinate mortgage or the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or mortgage.

Appears in 2 contracts

Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp), Indenture (Horsehead Holding Corp)

No Waivers, Etc. Any failure by Mortgagee to insist upon ---------------- the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the beneficiary of any subordinate mortgage or the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise impairing or affecting the lien of this Mortgage or the priority of such lien this Mortgage over any subordinate lienlien or mortgage.

Appears in 2 contracts

Samples: Demand Loan Agreement (Safety Kleen Corp/), Mortgage, Assignment of Rents and Leases and Security Agreement (Safety Kleen Corp/)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, acting at the direction of the Majority Holders, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee Mortgagee, acting at the direction of the Majority Holders, may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or mortgage.

Appears in 2 contracts

Samples: Open End Leasehold Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Dayton Power & Light Co), Open End Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Dayton Power & Light Co)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any wise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 2 contracts

Samples: Credit Agreement (American Buildings Co /De/), Mortgage (American Buildings Co /De/)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.. 336

Appears in 1 contract

Samples: Credit Agreement (Tenneco Automotive Inc)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be 26 deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the mortgagee of any subordinate mortgage or the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or mortgage.

Appears in 1 contract

Samples: Mortgage (Day International Group Inc)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by by. Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 1 contract

Samples: Credit Agreement (MacDermid Group Inc.)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise anyway impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 1 contract

Samples: Credit Agreement (Aurora Foods Inc /De/)

No Waivers, Etc. Any failure by the Mortgagee to insist upon the strict performance by the Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and the Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by the Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by the Mortgagor. The Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or deed of trust.

Appears in 1 contract

Samples: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Empire Resorts Inc)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the beneficiary of any subordinate mortgage or the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien this Mortgage over any subordinate lienlien or deed of trust.

Appears in 1 contract

Samples: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Star Mountain Resources, Inc.)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations Obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or deed of trust.

Appears in 1 contract

Samples: Credit Agreement (Hertz Corp)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 1 contract

Samples: Credit Agreement (Powerhouse Technologies Inc /De)

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No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor Mortgagors of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor Mortgagors of any and all of the terms and provisions of this Mortgage to be performed by MortgagorMortgagors. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or deed of trust.

Appears in 1 contract

Samples: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Four Rivers Bioenergy Inc.)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien Lien of this Mortgage or the priority of such lien over any subordinate lienlien or Mortgage.

Appears in 1 contract

Samples: Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (Presstek Inc /De/)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor Xxxxxxxxx of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor Xxxxxxxxx of any and all of the terms and provisions of this Mortgage to be performed by MortgagorXxxxxxxxx. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage Secured Obligations without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or mortgage.

Appears in 1 contract

Samples: Mortgage (Gannett Co., Inc.)

No Waivers, Etc. Any failure by Mortgagee to insist upon the --------------- strict performance by Mortgagor the Company of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor the Company of any and all of the terms and provisions of this Mortgage to be performed by Mortgagorthe Company. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise anyway impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 1 contract

Samples: Mortgage and Security Agreement (V I Technologies Inc)

No Waivers, Etc. Any failure by the Mortgagee to insist upon the strict performance by the Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms terries and provisions hereof, and the Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by the Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by the Mortgagor. The Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or deed of trust.

Appears in 1 contract

Samples: Mortgage, Security Agreement, Assignment of Leases and Rents, and Fixture Filing (Empire Resorts Inc)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms ter and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the mortgagee of any subordinate mortgage or the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or mortgage.

Appears in 1 contract

Samples: Mortgage (Telex Communications Inc)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor Xxxxxxxxx of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor Xxxxxxxxx of any and all of the terms and provisions of this Mortgage to be performed by MortgagorXxxxxxxxx. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 1 contract

Samples: Intercompany Note (Essex Group Inc)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the 20 19 terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 1 contract

Samples: Open End Mortgage and Security Agreement (Ero Marketing Inc)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict 29 28 performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the mortgagee of any subordinate mortgage or the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lienlien or mortgage.

Appears in 1 contract

Samples: Mortgage (Telex Communications Inc)

No Waivers, Etc. Any failure by the Mortgagee to insist upon the strict performance by the Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and the Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by the Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by the Mortgagor. The Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 1 contract

Samples: Mortgage (Edison Mission Finance Co)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this this. Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise anywise, impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 1 contract

Samples: Credit Agreement (MacDermid Group Inc.)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations 212 27 secured by this Mortgage without, as to the remainder of the security, in anywise any way impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 1 contract

Samples: Credit Agreement (Campfire Inc)

No Waivers, Etc. Any failure by Mortgagee to insist upon the strict performance by Mortgagor of any of the terms and provisions of this Mortgage shall not be deemed to be a waiver of any of the terms and provisions hereof, hereof and Mortgagee, notwithstanding any such failure, shall have the right thereafter to insist upon the strict performance by Mortgagor of any and all of the terms and provisions of this Mortgage to be performed by Mortgagor. Mortgagee may release, regardless of consideration and without the necessity for any notice to or consent by the holder of any subordinate lien on the Mortgaged Property, any part of the security held for the obligations secured by this Mortgage without, as to the remainder of the security, in anywise impairing or affecting the lien of this Mortgage or the priority of such lien over any subordinate lien.

Appears in 1 contract

Samples: Credit Agreement (MacDermid Group Inc.)

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