Common use of WAIVER AND NOTICE Clause in Contracts

WAIVER AND NOTICE. (A) No remedy herein conferred upon or reserved to the Lender is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty now or hereafter existing at law or in equity or by statute. (B) No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. (C) In order to entitle the Lender to exercise any remedy reserved to it in this Guaranty, it shall not be necessary to give any notice, other than such notice as may be expressly required in this Guaranty. (D) No waiver, amendment, release or modification of this Guaranty shall be established by conduct, custom or course of dealing.

Appears in 5 contracts

Samples: Credit Agreement (Bogen Communications International Inc), Guaranty of Payment and Performance (Wellcare Management Group Inc), Guaranty of Payment and Performance (Wellcare Management Group Inc)

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WAIVER AND NOTICE. (A) No remedy herein conferred upon or reserved to the Lender Bank is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty now or hereafter existing at law or in equity or by statute. (B) No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. (C) In order to entitle the Lender Bank to exercise any remedy reserved to it in this Guaranty, it shall not be necessary to give any notice, other than such notice as may be expressly required in this Guaranty. (D) No waiver, amendment, release or modification of this Guaranty shall be established by conduct, custom or course of dealing.

Appears in 2 contracts

Samples: Guaranty of Payment and Performance (Mechanical Technology Inc), Guaranty of Payment and Performance (Spurlock Industries Inc)

WAIVER AND NOTICE. (A) No remedy herein conferred upon or reserved to the Lender Banks is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty now or hereafter existing at law or in equity or by statute. (B) No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. (C) In order to entitle the Lender Banks to exercise any remedy reserved to it in this Guaranty, it shall not be necessary to give any notice, other than such notice as may be expressly required in this Guaranty. (D) No waiver, amendment, release or modification of this Guaranty shall be established by conduct, custom or course of dealing.

Appears in 2 contracts

Samples: Guaranty of Payment and Performance (Bogen Communications International Inc), Guaranty of Payment and Performance (Bogen Communications International Inc)

WAIVER AND NOTICE. (A) No remedy herein conferred upon or reserved to the Lender is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Amended Alterra Guaranty now or hereafter existing at law or in equity or by statute. (B) No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. (C) In order to entitle the Lender to exercise any remedy reserved to it in this Amended Alterra Guaranty, it shall not be necessary to give any notice, other than such notice as may be expressly required in this Amended Alterra Guaranty. (D) No waiver, amendment, release or modification of this Amended Alterra Guaranty shall be established by conduct, custom or course of dealing.

Appears in 1 contract

Samples: Guaranty of Payment and Performance (Alterra Healthcare Corp)

WAIVER AND NOTICE. (A) No remedy herein conferred upon or reserved to the Lender is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty now or hereafter existing at law or in equity or by statute. (B) No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. (C) In order to entitle the Lender to exercise any remedy reserved to it in this Guaranty, it shall not be necessary to give any notice, other than such notice as may be expressly required in this Guaranty. (D) No waiver, amendment, release or modification of this Guaranty shall be established by conduct, custom or course of dealing.

Appears in 1 contract

Samples: Guaranty of Payment and Performance (A Consulting Team Inc)

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WAIVER AND NOTICE. (A) No remedy herein conferred upon or reserved to the Lender is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty now or hereafter existing at law or in equity or by statute. (B) No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. (C) In order to entitle the Lender to exercise any remedy reserved to it them in this Guaranty, it shall not be necessary to give any notice, other than such notice as may be expressly required in this Guaranty. (D) No waiver, amendment, release or modification of this Guaranty shall be established by conduct, custom or course of dealing.

Appears in 1 contract

Samples: Continuing Corporate Guaranty (Loral Space & Communications Inc.)

WAIVER AND NOTICE. (A) No remedy herein conferred upon or reserved to the Lender Trustee is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Guaranty now or hereafter existing at law or in equity or by statute. (B) No delay or omission to exercise any right or power accruing upon the occurrence of any Event of Default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. (C) In order to entitle the Lender Trustee to exercise any remedy reserved to it in this Guaranty, it shall not be necessary to give any notice, other than such notice as may be expressly required in this Guaranty. (D) No waiver, amendment, release or modification of this Guaranty shall be established by conduct, custom or course of dealing.

Appears in 1 contract

Samples: Guaranty of Payment and Performance (Castle Brands Inc)

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