Preservation and No Waiver of Rights Sample Clauses

Preservation and No Waiver of Rights. 7.1 Each Borrower and each Obligor acknowledges and agrees that nothing contained in this Agreement, or the performance of the respective obligations under this Agreement, constitutes or shall be construed or deemed to constitute an amendment, modification or waiver of, or otherwise serve to impair, the rights, remedies, defenses, or claims of OFID under the OFID Loan Agreement, any other Transaction Document or applicable law, all of which are specifically preserved. The provisions of this Agreement are not intended to be, nor shall they be construed or deemed to be, a cure, satisfaction, reinstatement, novation, or release of any of the obligations of any Borrower or any other Obligor under the OFID Loan Agreement or any other Transaction Document, or of any prior, existing, or future default or acceleration right thereunder, including with respect to the Current Events of Default. For the avoidance of doubt, (a) OFID shall not be deemed to have waived compliance with any provision of, or covenants under, the OFID Loan Agreement or any other Transaction Document, including with respect to the Current Events of Default and (b) the foregoing reservation of rights does not negate the Forbearance during the term of the Forbearance Period as specifically provided in this Agreement.
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Preservation and No Waiver of Rights. Consistent with, but not in limitation of, Section 2 hereof, and except as otherwise expressly provided for herein, the Administrative Agent and the Lenders hereby fully preserve all their rights, powers and remedies against each Borrower and/or any other person or entity. In addition, nothing contained herein shall be deemed to be a waiver or abandonment of any Default or Event of Default (whether presently or subsequently existing), any rights or remedies available to the Administrative Agent and the Lenders under the Loan Documents, applicable law or otherwise, each of which rights, powers or remedies is hereby specifically and expressly reserved.
Sample 1
Preservation and No Waiver of Rights. Ratification of Loan Documents and Forebearance Agreement. This Second Amendment shall not be deemed a waiver, amendment, extension or modification by the Lender of any term or provision of, or default under, any Loan Document, any promissory note, or any collateral documents; and except as otherwise expressly provided for in the Forebearance Agreement (as amended), the Lender hereby fully preserves all its rights, powers and remedies against the Borrower and/or any other person or entity. In addition, nothing contained herein shall be deemed to be a waiver or abandonment of any Event of Default or Forebearance Termination Event (whether presently or subsequently existing), any rights or remedies available to the Lender under the Loan Documents, any promissory note, any collateral documents, applicable law or otherwise, each of which rights, powers or remedies is hereby specifically and expressly reserved, including without limitation, the right to seek judgment against the Borrower and/or any other person or entity, to foreclose its interest in any collateral held by the Lender or in which the Lender has a security interest or other lien, or to take any other action permitted under the Loan Documents and/or applicable law. Each of the Loan Documents is hereby ratified and confirmed in all respects. The Forebearance Agreement and Amendment as hereby amended are hereby ratified and confirmed in all respects.
Sample 1
Preservation and No Waiver of Rights. Consistent with, but not in ------------------------------------ limitation of, Section 4 hereof, this Agreement shall not be deemed a waiver, amendment, extension or modification by the Agent, the Required Banks and the UK Institutions of any term or provision of, or default under, any Obligor Loan Document, any promissory note, or any collateral documents; and except as otherwise expressly provided for herein, the Agent, the Required Banks and the UK Institutions hereby fully preserve all their rights, powers and remedies against the Obligors and/or any other person or entity. In addition, nothing contained herein shall be deemed to be a waiver or abandonment of any Event of Default (whether presently or subsequently existing), any rights or remedies available to the Agent, the Required Banks and the UK Institutions under the Obligor Loan Documents, any promissory note, any collateral documents, applicable law or otherwise, each of which rights, powers or remedies is hereby specifically and expressly reserved, including without limitation, the right to seek judgment against the Obligors and/or any other person or entity, to foreclose its interest in any collateral held by any agent or trustee or in which any agent or trustee has a security interest or other lien, or to take any other action permitted under the Obligor Loan Documents and/or applicable law.
Sample 1
Preservation and No Waiver of Rights. Consistent with, but not in limitation of, SECTION 5 hereof, this Forebearance Agreement shall not be deemed a waiver, extension or modification by the Lender of any term or provision of, or default under, any loan agreement, any promissory note, or any collateral documents; and except as otherwise expressly provided for herein, the Lender hereby fully preserves all its rights, powers and remedies against the Borrower and/or any other person or entity. In addition, nothing contained herein shall be deemed to be a waiver or abandonment of any Event of Default (whether presently or subsequently existing), any rights or remedies available to the Lender under any loan agreement, any promissory note, any collateral documents, applicable law or otherwise, each of which rights or remedies is hereby specifically and expressly reserved, including without limitation, the right to seek judgment against the Borrower and/or any other person or entity, to foreclose its interest in any stock or other collateral held by the Lender or in which the Lender has a security interest or other lien, or to take any other action permitted under the loan documents or applicable law.
Sample 1

Related to Preservation and No Waiver of Rights

  • No Waiver of Rights A failure or delay in exercising any right, power or privilege in respect of this Agreement will not be presumed to operate as a waiver, and a single or partial exercise of any right, power or privilege will not be presumed to preclude any subsequent or further exercise, of that right, power or privilege or the exercise of any other right, power or privilege.

  • No Waiver of Rights, Powers and Remedies No failure or delay by a party hereto in exercising any right, power or remedy under this Agreement, and no course of dealing between the parties hereto, shall operate as a waiver of any such right, power or remedy of such party. No single or partial exercise of any right, power or remedy under this Agreement by a party hereto, nor any abandonment or discontinuance of steps to enforce any such right, power or remedy, shall preclude such party from any other or further exercise thereof or the exercise of any other right, power or remedy hereunder. The election of any remedy by a party hereto shall not constitute a waiver of the right of such party to pursue other available remedies. No notice to or demand on a party not expressly required under this Agreement shall entitle the party receiving such notice or demand to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the party giving such notice or demand to any other or further action in any circumstances without such notice or demand.

  • No Waiver; Reservation of Rights The Investor has not waived, is not by this Agreement waiving, and has no present intention of waiving, the Specified Defaults or any other 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 Specified Defaults or otherwise), and nothing contained herein shall be deemed or constitute any such waiver. Subject to Section 2 above, the Investor reserves the right, in its discretion, to exercise any or all rights or remedies under the WorldSpace Notes, the other New Transaction Documents, applicable law and otherwise as a result of the Specified Defaults 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 Investor has not waived any of such rights or remedies and nothing in this Agreement, and no delay on the Investor’s part in exercising such rights or remedies, should be construed as a waiver of any such rights or remedies. Upon the termination of the Forbearance Period, the agreement of the Investor to forbear and the other agreements of the Investor, in each case as set forth in Section 2 above, shall automatically and without further action terminate and be of no force and effect, it being understood and agreed that the effect of such termination will be to permit the Investor and the Collateral Agent (acting upon the instructions of the Investor and on behalf of the Investor) to exercise any and all of its rights and remedies at any time and from time to time thereafter, including, without limitation, the right to accelerate all or any portion of the obligations under the WorldSpace Notes and exercise any other rights and remedies set forth in the WorldSpace Notes, the other New Transaction Documents, applicable law or otherwise, in each case, without any notice, passage of time or forbearance of any kind. The Investor reserve the right to request any additional information (financial or otherwise) with respect to the Specified Defaults or any other Event of Default or otherwise.

  • Waiver of Rights No delay or omission by the Company in exercising any right under this Agreement will operate as a waiver of that or any other right. A waiver or consent given by the Company on any one occasion is effective only in that instance and will not be construed as a bar to or waiver of any right on any other occasion.

  • No Waiver of Provisional Remedies, Self-Help and Foreclosure The arbitration requirement does not limit the right of any party to (i) foreclose against real or personal property collateral; (ii) exercise self-help remedies relating to collateral or proceeds of collateral such as setoff or repossession; or (iii) obtain provisional or ancillary remedies such as replevin, injunctive relief, attachment or the appointment of a receiver, before during or after the pendency of any arbitration proceeding. This exclusion does not constitute a waiver of the right or obligation of any party to submit any dispute to arbitration or reference hereunder, including those arising from the exercise of the actions detailed in sections (i), (ii) and (iii) of this paragraph.

  • No Waiver, Rights and Remedies No failure on the part of the Administrative Agent or any Secured Party or any assignee of any Secured Party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.

  • Non-Waiver of Rights The failure to enforce at any time the provisions of this Agreement or to require at any time performance by the other party hereto of any of the provisions hereof shall in no way be construed to be a waiver of such provisions or to affect either the validity of this Agreement or any part hereof, or the right of either party hereto to enforce each and every provision in accordance with its terms. No waiver by either party hereto of any breach by the other party hereto of any provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions at that time or at any prior or subsequent time.

  • No Waiver of Remedies The waiver by Landlord of any covenant or condition contained in this Lease shall not be deemed to be a waiver of any subsequent breach of such covenant or condition nor shall any custom or practice which may develop between the parties in the administration of this Lease be construed to waive or lessen the rights of Landlord to insist on the strict performance by Tenant of all of the covenants and conditions of this Lease. No act or thing done by Landlord or Landlord’s Agents during the Lease Term shall be deemed an acceptance or a surrender of the Premises, and no agreement to accept a surrender of the Premises shall be valid unless made in writing and signed by Landlord. The mention in this Lease of any particular remedy shall not preclude Landlord from any other remedy it might have, either under this Lease or at law, nor shall the waiver of or redress for any violation of any covenant or condition in this Lease or in any of the rules or regulations attached to this Lease or later adopted by Landlord, prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of an original violation. The receipt by Landlord of Base Rent, Additional Rent or any other sum payable under this Lease with knowledge of a breach of any covenant or condition in this Lease shall not be deemed a waiver of such breach. The failure of Landlord to enforce any of the rules and regulations attached to this Lease or later adopted, against Tenant or any other tenant in the Building, shall not be deemed a waiver. Any waiver by Landlord must be in writing and signed by Landlord to be effective.

  • Governing Law and Waiver of Right to Trial by Jury THIS AMENDMENT SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAW OF THE STATE OF NEW YORK. The jurisdiction and waiver of right to trial by jury provisions in Section 10.15 and 10.16 of the Credit Agreement are incorporated herein by reference mutatis mutandis.

  • REMEDIES; NO WAIVER All rights, powers and remedies of Bank hereunder are cumulative. No delay, failure or discontinuance of Bank in exercising any right, power or remedy hereunder shall affect or operate as a waiver of such right, power or remedy; nor shall any single or partial exercise of any such right, power or remedy preclude, waive or otherwise affect any other or further exercise thereof or the exercise of any other right, power or remedy. Any waiver, permit, consent or approval of any kind by Bank of any breach of this Guaranty, or any such waiver of any provisions or conditions hereof, must be in writing and shall be effective only to the extent set forth in writing.

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