Common use of Preference Payments Clause in Contracts

Preference Payments. Any monies Lender pays because of an asserted preference claim in Grantor's bankruptcy will become a part of the Indebtedness and, at Lender's option, shall be payable by Grantor as provided in this Agreement. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

Appears in 2 contracts

Samples: Commercial Security Agreement (Amexdrug Corp), Terms Agreement (Coeur D Alenes Co /Ia/)

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Preference Payments. Any monies Lender pays because of an asserted preference claim in Grantor's bankruptcy will become a part of the Indebtedness indebtedness and, at Lender's option, shall be payable by Grantor as provided in this Agreement. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or at of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

Appears in 1 contract

Samples: Security Agreement (Microhelix Inc)

Preference Payments. Any monies Lender pays because of an asserted preference claim in Grantor's ’s bankruptcy will become a part of the Indebtedness and, at Lender's ’s option, shall be payable by Grantor as provided in this Agreement. No Waiver by LenderXxxxxx. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by LenderXxxxxx. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender Xxxxxx of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's ’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by LenderXxxxxx, nor any course of dealing between Lender Xxxxxx and Grantor, shall constitute a waiver of any of Lender's ’s rights or of any of Grantor's ’s obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

Appears in 1 contract

Samples: Security Agreement

Preference Payments. Any monies Lender pays because of an asserted preference claim in Grantor's bankruptcy will become a part of the Indebtedness and, at Lender's option, shall be payable by Grantor as provided in this Agreement. No Waiver by LenderXxxxxx. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by LenderXxxxxx. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender Xxxxxx of a provision of this Agreement shall not prejudice or constitute a waiver of LenderLander's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by LenderXxxxxx, nor any course of dealing between Lender Xxxxxx and Grantor, shall constitute a waiver of any of LenderLander's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender Xxxxxx in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of LenderLander.

Appears in 1 contract

Samples: Change in Terms Agreement (Powin Corp)

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Preference Payments. Any monies Lender pays because of an asserted preference claim in Grantor's bankruptcy will become a part of the Indebtedness and, at Lender's option, shall be payable by Grantor as provided in In this Agreement. No Waiver by LenderXxxxxx. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by LenderXxxxxx. No delay or omission on an the part of Lender in In exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender Xxxxxx of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by LenderXxxxxx, nor any course of dealing between Lender Xxxxxx and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is Is required under this Agreement, the granting of such consent by Lender in In any instance shall not constitute continuing consent to subsequent instances Instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

Appears in 1 contract

Samples: Change in Terms Agreement (Powin Corp)

Preference Payments. Any monies Lender pays because of an asserted preference claim in Grantor's bankruptcy will become a part of the Indebtedness and, at Lender's option, shall be payable by Grantor as provided in this Agreement. No Waiver by Lender. Lender shall not be deemed xxxxxd to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the omissiox xx xhe part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement thxx Xxxeement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing dxxxxxx between Lender and Grantor, shall constitute cxxxxxxute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.

Appears in 1 contract

Samples: Security Agreement (I/Omagic Corp)

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