Waiver by Lender. Lender's failure, at any time or times hereafter, to require strict performance by Borrower of any provision of this Agreement or of any Ancillary Agreement shall not constitute a waiver, or affect or diminish any right of Lender thereafter to demand strict compliance and performance therewith. Any suspension or waiver by Lender of a Default under this Agreement or any Ancillary Agreement shall not suspend, waive or affect any other Default under this Agreement or the Ancillary Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower contained in this Agreement or the Ancillary Agreements and no Default under this Agreement or the Ancillary Agreements shall be deemed to have been suspended or waived by Lender, unless such suspension or waiver is by an instrument in writing signed by an officer of Lender and directed to Borrower specifying such suspension or waiver.
Appears in 2 contracts
Samples: Loan and Security Agreement (Diana Corp), Loan and Security Agreement (Diana Corp)
Waiver by Lender. Lender's ’s failure, at any time or times hereafter, to require strict performance by Borrower of any provision of this Agreement or of any Ancillary Agreement shall not constitute a waiverwaive, or affect or diminish any right of Lender thereafter to demand strict compliance and performance therewithperformance. Any suspension or waiver by Lender of a an Event of Default by Borrower under this Agreement or any Ancillary Agreement the other Loan Documents shall not suspend, waive or affect any other Event of Default by Borrower under this Agreement or the Ancillary Agreementsother Loan Documents, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower contained in this Agreement or the Ancillary Agreements other Loan Documents and no Event of Default by Borrower under this Agreement or the Ancillary Agreements other Loan Documents shall be deemed to have been suspended or waived by Lender, unless such suspension or waiver is by an instrument in writing signed by an officer of Lender and directed to Borrower specifying such suspension or waiver.
Appears in 2 contracts
Samples: Loan Agreement (Firstcity Financial Corp), Loan Agreement (Firstcity Financial Corp)
Waiver by Lender. Any Lender's failure, at any time or times hereaftertimes, to require strict performance by Borrower Borrowers of any provision of this Agreement or of any Ancillary Agreement shall not constitute a waiver, or affect or diminish any right of such Lender thereafter to demand strict compliance and performance therewith. Any suspension or waiver by any Lender of a an Event of Default under this Agreement or any Ancillary Agreement shall not suspend, waive or affect any other Event of Default under this Agreement or the Ancillary Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower Borrowers contained in this Agreement or the Ancillary Agreements and no Event of Default under this Agreement or the Ancillary Agreements shall be deemed to have been suspended or waived by such Lender, unless such suspension or waiver is by an instrument in writing signed by an officer of such Lender and directed to Borrower Borrowers specifying such suspension or waiver.
Appears in 2 contracts
Samples: Loan Agreement (U S Realtel Inc), Loan Agreement (U S Realtel Inc)
Waiver by Lender. Lender's failure, at any time or times hereafter, to require strict performance by Borrower of any provision of this Agreement or of any Ancillary Agreement shall not constitute a waiver, or affect or diminish any right rights of Lender thereafter to demand strict compliance and performance therewith. Any suspension or waiver by Lender of a Default under this Agreement or any Ancillary Agreement shall not suspend, waive or affect any other Default under this Agreement or the Ancillary Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakingsunder- takings, agreements, warranties, covenants and representations of Borrower contained in this Agreement or the Ancillary Agreements and no Default under this Agreement or the Ancillary Agreements shall be deemed to have been suspended or waived by Lender, unless such suspension or waiver is by an instrument in writing signed by an officer of Lender and directed to Borrower specifying such suspension or waiver.
Appears in 1 contract
Waiver by Lender. Lender's failure, at any time or times hereafter, to require strict performance by Borrower of any provision of this Agreement or of any Ancillary Agreement shall not constitute a waiverwaive, or affect or diminish any right of Lender thereafter to demand strict compliance and performance therewithperformance. Any suspension or waiver by Lender of a an Event of Default by Borrower under this Agreement or any Ancillary Agreement the Other Documents shall not suspend, waive or affect any other Event of Default by Borrower under this Agreement or the Ancillary AgreementsOther Documents, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower contained in this Agreement or the Ancillary Agreements Other Documents and no Event of Default by Borrower under this Agreement or the Ancillary Agreements Other Documents shall be deemed to have been suspended or waived by Lender, unless such suspension or waiver is by an instrument in writing signed by an officer of Lender and directed to Borrower specifying such suspension or waiver.
Appears in 1 contract
Samples: Loan and Warrant Purchase Agreement (Best Software Inc)
Waiver by Lender. Lender's failure, at any time or times hereaftertimes, to require strict performance by Borrower of any provision of this Agreement or of any Ancillary Agreement shall not constitute a waiver, or affect or diminish any right of Lender thereafter to demand strict compliance and performance therewithperformance. Any suspension or waiver by Lender of a Default under this Agreement or any Ancillary Agreement shall not suspend, waive or affect any other Default under this Agreement or the Ancillary Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower contained in this Agreement or the Ancillary Agreements and no Default under this Agreement or the Ancillary Agreements shall be deemed to have been suspended or waived by Lender, unless such suspension or waiver is by an instrument in writing signed by an officer of Lender and directed to Borrower specifying such suspension or waiver.
Appears in 1 contract
Samples: Purchase of Accounts and Security Agreement (Bam Entertainment Inc)
Waiver by Lender. Lender's failure, at any time or times hereafter, to require strict performance by Borrower of any provision of this Agreement or of any the Ancillary Agreement Agreements shall not constitute a waiver, or affect or diminish any right of Lender thereafter to demand strict compliance and performance herewith or therewith. Any suspension or waiver by Lender of a Default under this Agreement or any the Ancillary Agreement Agreements shall not suspend, waive or affect any other Default under this Agreement or the Ancillary Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower contained in this Agreement or the Ancillary Agreements and no Default under this Agreement or the Ancillary Agreements shall be deemed to have been suspended or waived by Lender, unless such suspension or waiver is by an instrument in writing signed by an officer of Lender and directed to Borrower specifying such suspension or waiver.
Appears in 1 contract
Waiver by Lender. Lender's failure, at any time or times hereafter, to require strict performance by Borrower Borrowers of any provision of this Agreement or of any Ancillary Agreement shall not constitute a waiver, or affect or diminish any right of Lender thereafter to demand strict compliance and performance therewith. Any suspension or waiver by Lender of a Default under this Agreement or any Ancillary Agreement shall not suspend, waive or affect any other Default by Borrowers under this Agreement or the Ancillary AgreementsAgreements shall not suspend, constitute a waiver of or affect any other Default by Borrowers under this Agreement or Ancillary Agreement, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, warranties and covenants and representations of Borrower Borrowers contained in this Agreement or the Ancillary Agreements and no Default by the Borrowers under this Agreement or the Ancillary Agreements shall be deemed to have been suspended or waived by Lender, unless such suspension or waiver is by an instrument in writing signed by an officer of Lender and directed to Borrower Borrowers specifying such suspension or waiver.
Appears in 1 contract
Samples: Loan and Security Agreement (Vita Food Products Inc)
Waiver by Lender. Lender's failure, at any time or times ----------------- hereafter, to require strict performance by Borrower of any provision of this Agreement or any of any Ancillary Agreement the other Loan Documents shall not constitute a waiverwaive, or affect or diminish any right of Lender thereafter to demand strict compliance and performance therewiththereof. Any suspension or waiver by Lender of a an Event of Default by Borrower under this Agreement or any Ancillary Agreement the Loan Documents shall not suspend, waive or affect any other Event of Default by Borrower under this Agreement or the Ancillary AgreementsLoan Documents, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower contained in this Agreement or the Ancillary Agreements Loan Documents and no Event of Default by the Borrower under this Agreement or the Ancillary Agreements Loan Documents shall be deemed to have been suspended or waived by Lender, Lender unless such suspension or waiver is by an instrument in writing signed by an officer a manager of Lender and directed identifies the matter waived or suspended. Any consent or approval by Lender pursuant to Borrower specifying such suspension this Agreement is not a waiver by Lender of, or waiveran admission by Lender of the truth of, any of Borrower's representations and warranties in this Agreement.
Appears in 1 contract
Samples: Motor Vehicle Installment Contract Loan and Security Agreement (TFC Enterprises Inc)
Waiver by Lender. Any Lender's ’s failure, at any time or times hereaftertimes, to require strict performance by Borrower Borrowers of any provision of this Agreement or of any Ancillary Agreement shall not constitute a waiver, or affect or diminish any right of such Lender thereafter to demand strict compliance and performance therewith. Any suspension or waiver by any Lender of a an Event of Default under this Agreement or any Ancillary Agreement shall not suspend, waive or affect any other Event of Default under this Agreement or the Ancillary Agreements, whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower Borrowers contained in this Agreement or the Ancillary Agreements and no Event of Default under this Agreement or the Ancillary Agreements shall be deemed to have been suspended or waived by such Lender, unless such suspension or waiver is by an instrument in writing signed by an officer of such Lender and directed to Borrower Borrowers specifying such suspension or waiver.
Appears in 1 contract
Samples: Loan and Security Agreement (I2 Telecom International Inc)