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 Borrower and the 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 Lender to give notice to the Borrower of the 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 Lender to the manner by which Borrowing Base is determined shall obligate the Lender to continue to determine Borrowing Base in that manner.

Appears in 2 contracts

Samples: Agreement (Golf Galaxy, Inc.), Loan and Security Agreement (Gadzooks Inc)

AutoNDA by SimpleDocs

Amendments; Course of Dealing. (a) This Agreement and the other Loan Documents incorporate all discussions and negotiations between the Borrower Borrowers and the 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 Lender to give notice to the Borrower Borrowers of the Borrower's 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 Lender to in the manner by which Borrowing Base Availability is determined shall obligate the Lender to continue to determine Borrowing Base Availability in that manner.

Appears in 1 contract

Samples: Loan and Security Agreement (Iparty Corp)

Amendments; Course of Dealing. (a) This Agreement and the other Loan Documents incorporate all discussions and negotiations between the Borrower and the 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 Lender to give notice to the Borrower of the Borrower's ’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 Lender to the manner by which Borrowing Base is determined shall obligate the Lender to continue to determine Borrowing Base in that manner.

Appears in 1 contract

Samples: Loan and Security Agreement (Bakers Footwear Group Inc)

AutoNDA by SimpleDocs

Amendments; Course of Dealing. (a) This Agreement and the other Loan Documents incorporate all discussions and negotiations between the Borrower and the 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 Lender to give notice to the any Borrower of the such Borrower's ’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 Lender to in the manner by which Borrowing Base Availability is determined shall obligate the Lender to continue to determine Borrowing Base Availability in that manner.

Appears in 1 contract

Samples: Loan and Security Agreement (Paper Warehouse Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.