Common use of Waivers; Changes in Writing Clause in Contracts

Waivers; Changes in Writing. No failure or delay of the Bank in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The Borrower expressly disclaims any reliance on any course of dealing or usage of trade or oral representation of the Bank (including representations to make loans to the Borrower) and agrees that none of the foregoing shall operate as a waiver of any right or remedy of the Bank. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances. No waiver of any provision of this Agreement or consent to any departure by the Borrower therefrom shall in any event be effective unless made specifically in writing by the Bank and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No modification to any provision of this Agreement shall be effective unless made in writing in an agreement signed by the Borrower and the Bank.

Appears in 30 contracts

Samples: Credit Agreement (Rand Capital Corp), Credit Agreement (ARKO Corp.), Credit Agreement (Corning Natural Gas Holding Corp)

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Waivers; Changes in Writing. No course of dealing nor any omission, failure or delay of the Bank Lessor in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The Borrower Lessee expressly disclaims any reliance on any course of dealing or usage of trade or oral representation of the Bank (including representations to make loans to the Borrower) Lessor and agrees that none of the foregoing shall operate as a waiver of any right or remedy of the BankLessor. No notice to or demand on the Borrower Lessee in any case shall entitle the Borrower Lessee to any other or further notice or demand in similar or other circumstances. No waiver of any provision of this Agreement Lease or consent to any departure by the Borrower Lessee therefrom shall in any event be effective unless made specifically in writing by the Bank Lessor and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No modification to any provision of this Agreement Lease shall be effective unless made in writing in an agreement signed by the Borrower Lessee and the BankLessor.

Appears in 3 contracts

Samples: Master Equipment Lease (Iec Electronics Corp), Master Equipment Lease (Martek Biosciences Corp), Master Equipment Lease (Sagemark Companies LTD)

Waivers; Changes in Writing. No failure or delay of the Bank in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The Each Borrower expressly disclaims any reliance on any course of dealing or usage of trade or oral representation of the Bank (including representations to make loans to the BorrowerBorrowers) and agrees that none of the foregoing shall operate as a waiver of any right or remedy of the Bank. No notice to or demand on the any Borrower in any case shall entitle the Borrower Borrowers to any other or further notice or demand in similar or other circumstances. No waiver of any provision of this Agreement or consent to any departure by the any Borrower therefrom shall in any event be effective unless made specifically in writing by the Bank and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No modification to any provision of this Agreement shall be effective unless made in writing in an agreement signed by the Borrower Borrowers and the Bank.

Appears in 1 contract

Samples: Credit Agreement (GTJ REIT, Inc.)

Waivers; Changes in Writing. No failure or delay of the Bank and MIDFA in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The Borrower expressly disclaims any reliance on any course of dealing or usage of trade or oral representation of the Bank and MIDFA (including representations to make loans to the Borrower) and agrees that none of the foregoing shall operate as a waiver of any right or remedy of the BankBank and MIDFA. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances. No waiver of any provision of this Agreement or consent to any departure by the Borrower therefrom shall in any event be effective unless made specifically in writing by the Bank and MIDFA and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No modification to any provision of this Agreement shall be effective unless made in writing in an agreement signed by the Borrower and the BankBank and with the consent of MIDFA.

Appears in 1 contract

Samples: Credit Agreement (Advancis Pharmaceutical Corp)

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Waivers; Changes in Writing. No failure or delay of the Bank in exercising any power or right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right or power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power. The Borrower expressly disclaims any reliance on any course of dealing or usage of trade or oral representation of the Bank (including representations to make loans to the Borrower) and agrees that none of the foregoing shall operate as a waiver of any right or remedy of the Bank. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances. No waiver of any provision of this Agreement or consent to any departure by the Borrower therefrom there from shall in any event be effective unless made specifically in writing by the Bank and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No modification to any provision of this Agreement shall be effective unless made in writing in an agreement signed by the Borrower and the Bank.

Appears in 1 contract

Samples: Credit Agreement (Youbet Com Inc)

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