Common use of Amendments; Course of Dealing Clause in Contracts

Amendments; Course of Dealing. (a) This Agreement and the other Loan Documents incorporate all discussions and negotiations between the Obligors, the Agent and the Lenders, either express or implied, concerning the matters included herein and in such other instruments, any custom, usage, or course of dealings to the contrary notwithstanding. No such discussions, negotiations, custom, usage, or course of dealings shall limit, modify, or otherwise affect the provisions thereof. No failure by the Agent or Lenders to give notice to the Lead Borrower of the Obligors’ having failed to observe and comply with any warranty or covenant included in any Loan Document shall constitute a waiver of such warranty or covenant or the amendment of the subject Loan Document. No change made by the Agent to the manner by which Availability is determined shall obligate the Agent to continue to determine Availability in that manner.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mothers Work Inc), Loan and Security Agreement (Mothers Work Inc)

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Amendments; Course of Dealing. (a) This Agreement and the other Loan Documents incorporate all discussions and negotiations between the Obligors, the Agent Borrowers and the LendersAgents and each Lender, either express or implied, concerning the matters included herein and in such other instruments, any custom, usage, or course of dealings to the contrary notwithstanding. No such discussions, negotiations, custom, usage, or course of dealings shall limit, modify, or otherwise affect the provisions thereof. No failure by the Agent Agents or Lenders any Lender to give notice to the Lead Borrower of the Obligors’ Borrowers' having failed to observe and comply with any warranty or covenant included in any Loan Document shall constitute a waiver of such warranty or covenant or the amendment of the subject Loan Document. No change made by the Agent to the manner by which Availability is determined shall obligate the Agent Agents to continue to determine Availability in that manner.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mazel Stores Inc), Loan and Security Agreement (Mazel Stores Inc)

Amendments; Course of Dealing. (a) This Agreement and the other Loan Documents incorporate all discussions and negotiations between the Obligors, Borrower and the Agent and the Lenderseach Lender, either express or implied, concerning the matters included herein and in such other instruments, any custom, usage, or course of dealings to the contrary notwithstanding. No such discussions, negotiations, custom, usage, or course of dealings shall limit, modify, or otherwise affect the provisions thereof. No failure by the Agent or Lenders any Lender to give notice to the Lead Borrower of the Obligors’ Borrower’s having failed to observe and comply with any warranty or covenant included in any Loan Document shall constitute a waiver of such warranty or covenant or the amendment of the subject Loan Document. No change made by the Agent to the manner by which Availability Borrowing Base is determined shall obligate the Agent to continue to determine Availability Borrowing Base in that manner.

Appears in 1 contract

Samples: Loan and Security Agreement (Gander Mountain Co)

Amendments; Course of Dealing. (a) This Agreement and the other Loan Documents incorporate all discussions and negotiations between the Obligors, the Agent Borrowers and the LendersAgents and each Lender, either express or implied, concerning the matters included herein and in such other instruments, any custom, usage, or course of dealings to the contrary notwithstanding. No such discussions, negotiations, custom, usage, or course of dealings shall limit, modify, or otherwise affect the provisions thereof. No 154 162 failure by the Agent Agents or Lenders any Lender to give notice to the Lead Borrower of the Obligors’ Borrowers' having failed to observe and comply with any warranty or covenant included in any Loan Document shall constitute a waiver of such warranty or covenant or the amendment of the subject Loan Document. No change made by the Agent to the manner by which Availability is determined shall obligate the Agent Agents to continue to determine Availability in that manner.

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

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Amendments; Course of Dealing. (a) This Agreement and the other Loan Documents incorporate all discussions and negotiations between the Obligors, the Term Agent and the Term Lenders, either express or implied, concerning the matters included herein and in such other instruments, any custom, usage, or course of dealings to the contrary notwithstanding. No such discussions, negotiations, custom, usage, or course of dealings shall limit, modify, or otherwise affect the provisions thereof. No failure by the Term Agent or Term Lenders to give notice to the Lead Borrower of the Obligors’ having failed to observe and comply with any warranty or covenant included in any Loan Document shall constitute a waiver of such warranty or covenant or the amendment of the subject Loan Document. No change made by the Agent to the manner by which Availability is determined shall obligate the Agent to continue to determine Availability in that manner.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Mothers Work Inc)

Amendments; Course of Dealing. (a) This Agreement and the other Loan Documents incorporate all discussions and negotiations between the Obligors, Borrower and the Agent and the Lenderseach Lender, either express or implied, concerning the matters included herein and in such other instruments, any custom, usage, or course of dealings to the contrary notwithstanding. No such discussions, negotiations, custom, usage, or course of dealings shall limit, modify, or otherwise affect the provisions thereof. No failure by the Agent or Lenders any Lender to give notice to the Lead Borrower of the Obligors’ Borrower's having failed to observe and comply with any warranty or covenant included in any Loan Document shall constitute a waiver of such warranty or covenant or the amendment of the subject Loan Document. No change made by the Agent to in the manner by which Availability is determined shall obligate the Agent to continue to determine Availability in that manner.

Appears in 1 contract

Samples: Loan and Security Agreement (Roberds Inc)

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