Waivers; Forbearance Clause Samples
Waivers; Forbearance. No advance of Loan proceeds hereunder shall constitute a waiver of any of the conditions of Lender's obligation to make advances nor, in the event Borrower is unable to satisfy any such condition, shall any such advance have the effect of precluding Lender or Agent from thereafter requiring such condition to be satisfied prior to any future advance to which such condition otherwise applies. No course of dealing on the part of Agent or Lender, or their respective officers, employees, consultants or agents, nor any failure or delay by Agent or Lender with respect to exercising any right, power or privilege of Agent or Lender under any of the Loan Documents, shall operate as a waiver thereof. Any forbearance by Agent or Lender in exercising any right or remedy under any of the Loan Documents, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. Agent's acceptance of payment of any sum secured by any of the Loan Documents after the due date of such payment shall not be a waiver of Agent's or Lender's right to either require prompt payment when due of all other sums so secured or to declare a default for failure to make prompt payment. The procurement of insurance or the payment of taxes or other liens or charges by Agent or Lender shall not be a waiver of Agent's or Lender's right to accelerate the maturity of the Loan, nor shall Agent's or Lender's receipt of any awards, proceeds, or damages under this Agreement or the Security Document operate to cure or waive Borrower's or any Loan Party's default in payment of sums secured by any of the Loan Documents.
Waivers; Forbearance. All waivers, consents and releases provided for in this Lease are effective only to the extent permitted by applicable law. No waiver of any condition or covenant herein contained, or of any breach of any such condition or covenant, shall be held or taken to be a waiver of any subsequent breach of such covenant or condition, or to permit or excuse its continuance or any future breach thereof, or of Landlord’s right to terminate this Lease or exercise any other remedy granted herein on account of such existing breach. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or breach by the other party with respect to any of the terms hereof shall impair any such right or power or be construed to be a waiver thereof.
Waivers; Forbearance. 88 42.13 Binding Character..............................................................................88
Waivers; Forbearance. 49 Section 11.12
Waivers; Forbearance. Effective immediately prior to the Closing, the Holder hereby waives and releases, and at the request of Focal shall cause its nominee to waive and release (a) all defaults and events of default under the Indenture and the Notes (other than any such specified by Section 6.01(a) and (b) of the Indenture) existing immediately prior to the Closing, if any, and (b) all rights, claims and causes of action against Focal, its Subsidiaries or its Agents based upon Losses sustained from the purchase or ownership of the Notes. On and after the date hereof until the Closing Date, the Holder agrees that it shall forbear, and shall cause its nominee to forbear, from enforcing any of its rights under the Indenture arising from any default or event of default, if any.
