Common use of Waivers, Amendment and Remedies Clause in Contracts

Waivers, Amendment and Remedies. No course of dealing by the Creditor and no failure by the Creditor to exercise, or delay by the Creditor in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, remedy or power of the Creditor. No amendment, modification or waiver of any provision of this Guaranty and no consent to any departure by Guarantor therefrom, shall, in any event, be effective unless contained in a writing signed by the Creditor, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. The rights, remedies and powers of the Creditor, not only hereunder, but also under any instruments and agreements evidencing or securing the Obligations and under applicable law are cumulative, and may be exercised by the Creditor from time to time in such order as the Creditor may elect.

Appears in 2 contracts

Samples: Personal Guaranty (Function(x) Inc.), Personal Guaranty (Function(x) Inc.)

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Waivers, Amendment and Remedies. No course of dealing by the Creditor Lender and no failure by the Creditor Lender to exercise, or delay by the Creditor Lender in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, remedy or power of the CreditorLender. No amendment, modification or waiver of any provision of this Guaranty and no consent to any departure by Guarantor therefrom, shall, in any event, be effective unless contained in a writing signed by the Creditor, Guarantor and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which givenLender. The rights, remedies and powers of the CreditorLender, not only hereunder, but also under any instruments and agreements evidencing or securing the Obligations and under applicable law are cumulative, and may be exercised by the Creditor Lender from time to time in such order as the Creditor Lender may elect.

Appears in 1 contract

Samples: Subsidiary Guaranty (Inergetics Inc)

Waivers, Amendment and Remedies. No course of dealing by the Creditor Lenders and no failure by the Creditor Lenders to exercise, or delay by the Creditor Lenders in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, remedy or power of the CreditorLenders. No amendment, modification or waiver of any provision of this Guaranty and no consent to any departure by Guarantor therefromthere from, shall, in any event, be effective unless contained in a writing signed by the CreditorLenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. The rights, remedies and powers of the CreditorLenders, not only hereunder, but also under any instruments and agreements evidencing or securing the Obligations and under applicable law are cumulative, and may be exercised by the Creditor Lenders from time to time in such order as the Creditor Lenders may elect.

Appears in 1 contract

Samples: Personal Guaranty (Voip Inc)

Waivers, Amendment and Remedies. No course of dealing by the Creditor Lenders and no failure by the Creditor Lenders to exercise, or delay by the Creditor Lenders in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, remedy or power of the CreditorLenders. No amendment, modification or waiver of any provision of this Guaranty and no consent to any departure by Guarantor therefrom, shall, in any event, be effective unless contained in a writing signed by the CreditorLenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. The rights, remedies and powers of the CreditorLenders, not only hereunder, but also under any instruments and agreements evidencing or securing the Obligations and under applicable law are cumulative, and may be exercised by the Creditor Lenders from time to time in such order as the Creditor Lenders may elect.

Appears in 1 contract

Samples: Form of Personal Guaranty (Pay88)

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Waivers, Amendment and Remedies. No course of dealing by the Creditor Creditors and no failure by the Creditor Creditors to exercise, or delay by the Creditor Creditors in exercising, any right, remedy or power hereunder shall operate as a waiver thereof, and no single or partial exercise thereof shall preclude any other or further exercise thereof or the exercise of any other right, remedy or power of the CreditorCreditors. No amendment, modification or waiver of any provision of this Guaranty and no consent to any departure by Guarantor therefrom, shall, in any event, be effective unless contained in a writing signed by the CreditorCreditors, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. The rights, remedies and powers of the CreditorCreditors, not only hereunder, but also under any instruments and agreements evidencing or securing the Obligations and under applicable law are cumulative, and may be exercised by the Creditor Creditors from time to time in such order as the Creditor Creditors may elect.

Appears in 1 contract

Samples: Personal Guaranty (Function(x) Inc.)

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