Common use of No Waivers; Reservation of Rights Clause in Contracts

No Waivers; Reservation of Rights. (a) Agent and Lenders have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Defaults or otherwise), and Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults to the extent expressly set forth herein) occurring at any time. (b) Subject to Section 3.2 above (solely with respect to the Existing Defaults), Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 5 contracts

Samples: Forbearance Agreement (Essex Rental Corp.), Forbearance Agreement (Essex Rental Corp.), Forbearance Agreement (Essex Rental Corp.)

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No Waivers; Reservation of Rights. (a) Agent and Lenders have not waived, are not by this Agreement Amendment waiving, and have no intention of waiving, any Events of 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 Existing Defaults, the Anticipatory Defaults or otherwise), and Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults and the Anticipatory Defaults to the extent expressly set forth herein) occurring at any time. (b) . Subject to Section 3.2 above of the Forbearance Agreement (solely with respect to the Existing Defaults and the Anticipatory Defaults), Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will shall be construed as a waiver of any such rights or remedies.

Appears in 3 contracts

Samples: Forbearance Agreement (Dialogic Inc.), Forbearance Agreement (Dialogic Inc.), Forbearance Agreement (Dialogic Inc.)

No Waivers; Reservation of Rights. (a) Administrative Agent and Lenders have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Specified Defaults or otherwise), and Administrative Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Specified Defaults to the extent expressly set forth herein) occurring at any time. (b) Subject to Section 3.2 above (solely with respect to the Existing Specified Defaults), Administrative Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Administrative Agent and Lenders have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 2 contracts

Samples: Forbearance Agreement (Fenix Parts, Inc.), Forbearance Agreement (Fenix Parts, Inc.)

No Waivers; Reservation of Rights. (a) Agent and Lenders The Fifth Third Parties have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Defaults or otherwise), and Agent and Lenders the Fifth Third Parties have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults to the extent expressly set forth herein) occurring at any time. (b) . Subject to Section 3.2 3(b) above (solely with respect to the Existing Defaults), Agent and Lenders the Fifth Third Parties reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement Loan Agreements, the Lease Agreements and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders The Fifth Third Parties have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will shall be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement and Amendment (Global Axcess Corp)

No Waivers; Reservation of Rights. (a) Agent and Lenders have not waived, are not by this Agreement Amendment waiving, and have no intention of waiving, any Events of 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 Existing Defaults or otherwise), and Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults to the extent expressly set forth hereinin the Third Forbearance Agreement) occurring at any time. (b) Subject to Section 3.2 above of the Third Forbearance Agreement (solely with respect to the Existing Defaults), Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have not waived any of such rights or remedies, and nothing in this AgreementAmendment, and no delay on their part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Essex Rental Corp.)

No Waivers; Reservation of Rights. (a) Agent and Lenders The Fifth Third Parties have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Defaults or otherwise), and Agent and Lenders the Fifth Third Parties have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Second Forbearance Period, the Existing Defaults to the extent expressly set forth herein) occurring at any time. (b) . Subject to Section 3.2 3(b) above (solely with respect to the Existing Defaults), Agent and Lenders the Fifth Third Parties reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement Loan Agreements, the Lease Agreements and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders The Fifth Third Parties have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will shall be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Global Axcess Corp)

No Waivers; Reservation of Rights. (a) Agent and Lenders Holder have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Defaults or otherwise), and Agent and Lenders Holders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults to the extent expressly set forth herein) occurring at any time. (b) Subject to Section 3.2 above (solely with respect to the Existing Defaults), Agent and Lenders Holder reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement Note and the other Loan Notes Documents as a result of any other Events of Default occurring occurrin at any time. Agent and Lenders Holder have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement

No Waivers; Reservation of Rights. (a) Agent and Lenders have Lender has not waived, are is not by this Agreement waiving, and have has no intention of waiving, any Events of 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 Existing Specified Defaults or otherwise), and Agent and Lenders have Lender has not agreed to forbear with respect to any of their its rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Specified Defaults to the extent expressly set forth herein) occurring at any time. (b) Subject to Section 3.2 above (solely with respect to the Existing Specified Defaults), Agent and Lenders reserve Lender reserves the right, in their its discretion, to exercise any or all of their its rights and remedies under the Credit Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have Lender has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their its part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Amendment No. 4 and Forbearance Agreement (Katy Industries Inc)

No Waivers; Reservation of Rights. (a) Agent and Lenders have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Defaults or otherwise), and Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults to the extent expressly set forth herein) occurring at any time. (b) . Subject to Section 3.2 above (solely with respect to the Existing Defaults), Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Loan Agreement and the other Loan Other Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Amendment No. 3 and Forbearance Agreement (Cti Industries Corp)

No Waivers; Reservation of Rights. (a) Agent and Lenders The Fifth Third Parties have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Defaults or otherwise), and Agent and Lenders the Fifth Third Parties have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Third Forbearance Period, the Existing Defaults to the extent expressly set forth herein) occurring at any time. (b) . Subject to Section 3.2 3(b) above (solely with respect to the Existing Defaults), Agent and Lenders the Fifth Third Parties reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement Loan Agreements, the Lease Agreements and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders The Fifth Third Parties have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will shall be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Global Axcess Corp)

No Waivers; Reservation of Rights. (a) Agent The Agents and the Lenders have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Defaults Specified Default or otherwise), and Agent the Agents and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults Specified Default to the extent expressly set forth herein) occurring at any time. (b) Subject to Section 3.2 3.02 above (solely with respect to the Existing DefaultsSpecified Default), Agent and Lenders the Agents reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan Credit Documents as a result of any other Events of Default occurring at any time. Agent and Lenders The Agents have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their its part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Speed Commerce, Inc.)

No Waivers; Reservation of Rights. (a) Agent and Lenders have not waived, are not by this Agreement Amendment waiving, and have no intention of waiving, any Events of 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 Existing Defaults or otherwise), and Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults to the extent expressly set forth hereinin the Second Forbearance Agreement) occurring at any time. (b) Subject to Section 3.2 above of the Second Forbearance Agreement (solely with respect to the Existing Defaults), Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have not waived any of such rights or remedies, and nothing in this AgreementAmendment, and no delay on their part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Essex Rental Corp.)

No Waivers; Reservation of Rights. (a) Agent and Lenders have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Defaults, Anticipatory Defaults or otherwise), and Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults and Anticipatory Defaults to the extent expressly set forth herein) occurring at any time. (b) Subject to Section 3.2 above (solely with respect to the Existing Defaults and the Anticipatory Defaults), Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will shall be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (Dialogic Inc.)

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No Waivers; Reservation of Rights. (a) Agent and Lenders have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Specified Defaults or otherwise), and Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Specified Defaults to the extent expressly set forth herein) occurring at any time. (b) Subject to Section 3.2 above (solely with respect to the Existing Specified Defaults), Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Loan Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will shall be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Loan and Security Agreement (Neenah Foundry Co)

No Waivers; Reservation of Rights. (a) Agent and Lenders have Purchaser has not waived, are is not by this Agreement waiving, and have has no intention of waiving, any Events of 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 Existing Specified Defaults or otherwise), and Agent and Lenders have Purchaser has not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Specified Defaults to the extent expressly set forth herein) occurring at any time. (b) Subject to Section 3.2 above (solely with respect to the Existing Specified Defaults), Agent and Lenders reserve Purchaser reserves the right, in their its discretion, to exercise any or all of their its rights and remedies under the Credit Purchase Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have Purchaser has not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their its part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Omnibus Amendment to Securities Purchase Agreement and 12% Secured Promissory Note (Appreciate Holdings, Inc.)

No Waivers; Reservation of Rights. (a) Agent and Lenders have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Defaults or otherwise), and Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults Default to the extent expressly set forth herein) occurring at any time. (b) Subject to Section 3.2 above (solely with respect to the Existing Defaults), Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement Agreement, Guaranty and Security Agreement, and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will shall be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (School Specialty Inc)

No Waivers; Reservation of Rights. (a) Agent and Lenders have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Specified Defaults or otherwise), and Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Specified Defaults to the extent expressly set forth herein) occurring at any time. (b) Subject to Section 3.2 above (solely with respect to the Existing Specified Defaults), Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement and Amendment No. 3 to Debtor in Possession Credit Agreement

No Waivers; Reservation of Rights. (a) Agent and Lenders have not waivedwaived (by the terms of the Forbearance Agreement or otherwise), are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Specified Defaults or otherwise), and Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Specified Defaults to the extent expressly set forth hereinin the Forbearance Agreement) occurring at any time. (b) Subject to Section 3.2 above of the Forbearance Agreement (solely with respect to the Existing Specified Defaults), Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Loan Agreement and the other Loan Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will shall be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Extension (Neenah Foundry Co)

No Waivers; Reservation of Rights. (a) Agent and Lenders have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Defaults or otherwise), and Agent and Lenders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults to the extent expressly set forth hereinherein with respect to the Borrower and not Flexo Universal) occurring at any time. (b) Subject to Section 3.2 above (solely with respect to the Existing DefaultsDefaults and the Borrower (and not Flexo Universal)), Agent and Lenders reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Loan Agreement and the other Loan Other Documents as a result of any other Events of Default occurring at any time. Agent and Lenders have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Limited Waiver, Consent, Amendment No. 5 and Forbearance Agreement (Cti Industries Corp)

No Waivers; Reservation of Rights. (a) Agent and Lenders Holder have not waived, are not by this Agreement waiving, and have no intention of waiving, any Events of 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 Existing Defaults or otherwise), and Agent and Lenders Holders have not agreed to forbear with respect to any of their rights or remedies concerning any Events of Default (other than, during the Forbearance Period, the Existing Defaults to the extent expressly set forth herein) occurring at any time. (b) Subject to Section 3.2 above (solely with respect to the Existing Defaults), Agent and Lenders Holder reserve the right, in their discretion, to exercise any or all of their rights and remedies under the Credit Agreement Note and the other Loan Notes Documents as a result of any other Events of Default occurring at any time. Agent and Lenders Holder have not waived any of such rights or remedies, and nothing in this Agreement, and no delay on their part in exercising any such rights or remedies, may or will be construed as a waiver of any such rights or remedies.

Appears in 1 contract

Samples: Forbearance Agreement (MariaDB PLC)

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