Common use of CONSENTS, AMENDMENTS, WAIVERS, ETC Clause in Contracts

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any consent or approval required or permitted by this Agreement may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by Borrower of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of Lender. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of Lender in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon Borrower shall entitle Borrower to other or further notice or demand in similar or other circumstances.

Appears in 7 contracts

Samples: Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc), Mezzanine Loan Agreement (Preferred Apartment Communities Inc)

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CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any consent or approval required or permitted by this Agreement may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by Borrower Borrowers of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of Lender. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of Lender in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon Borrower Borrowers shall entitle Borrower Borrowers to other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Master Loan Agreement (Mack Cali Realty Corp), Master Loan Agreement (Mack Cali Realty L P)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Term Loan Agreement, any consent or approval required or permitted by this Term Loan Agreement may be given, and any term of this Term Loan Agreement or of any of the other instrument related hereto or mentioned herein Loan Documents may be amended, and the performance or observance by any Borrower or any Guarantor of any terms of this Term Loan Agreement or such the other instrument Loan Documents or the continuance of any default, Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of Lenderthe Bank. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of Lender the Bank in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial theretoto such right or any other rights of the Bank. No notice to or demand upon any Borrower shall entitle any Borrower to other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Term Loan Agreement (Sovran Self Storage Inc), Term Loan Agreement (Sovran Acquisition LTD Partnership)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Loan Agreement, any consent or approval required or permitted by this Loan Agreement to be given by the Lender may be given, and any term of this Loan Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower of any terms of this Loan Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Lender. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Lender in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Loan Agreement (Applied Opsec Corp), Loan Agreement (Optical Security Group Inc)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any consent or approval required or permitted by this Agreement to be given by EIF may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by Borrower of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the express written consent of LenderEIF. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course -57- 63 of dealing or delay or omission on the part of Lender EIF in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon Borrower shall entitle Borrower to other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Financing Agreement (Energy Partners LTD)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly ---------------------------------- provided in this Agreement, any consent or approval required or permitted by this Agreement to be given by the Bank may be given, ; and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of Lenderthe Borrower and the written consent of the Bank. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of Lender the Bank in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Excel Inc)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any consent or approval required or permitted by this Agreement may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Lender. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Lender in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Microfluidics International Corp)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any Any consent or approval required or permitted by this Credit Agreement to be given by the Lender may be given, and any term of this Agreement Credit Agreement, the other Loan Documents or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower or any of its Subsidiaries of any terms of this Agreement Credit Agreement, the other Loan Documents or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Lender. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Lender in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Pledge Agreement (Kronos Inc)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any consent or approval required or permitted by this Agreement may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of Lenderthe Borrower and the written consent of the Agent. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of Lender the Agent in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aegis Realty Inc)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly -------- ---------- ------- --- provided in this Agreement, any consent or approval required or permitted by this Agreement to be given by the Bank may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of Lenderthe Borrower and the Bank. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of Lender the Bank in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Revolving Credit Agreement (Aerovox Inc)

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CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any consent or approval required or permitted by this Agreement may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of Lenderthe Bank. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of Lender the Bank in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Credit Agreement (Triton Systems Inc / Fa)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any consent or approval required or permitted by this Agreement may be given, and any term of this Agreement or of any other Loan Document or other instrument related hereto or thereto or mentioned herein or therein may be amended, and the performance or observance by the Borrower of any terms of this Agreement or such other Loan Document or other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of Lenderthe Bank. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of Lender the Agent or any Bank in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan and Security Agreement (Litchfield Financial Corp /Ma)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise ---------------------------------- expressly provided in this Agreement, any consent or approval required or permitted by this Agreement may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of Lenderthe Bank. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of Lender the Bank in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial theretothereof. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Loan Agreement (Copley Pharmaceutical Inc)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any consent or approval required or permitted by this Agreement may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by Borrower each of the Parties of any terms of this Agreement or such other instrument or the continuance of any Default Suspension Event or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of Lenderthe Bank. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of Lender the Bank in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Credit and Security Agreement (Maxxam Inc)

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any consent or approval required or permitted by this Agreement may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Lender. Notwithstanding the foregoing, the provisions of Section 12 may not be amended without the written consent of the Collateral Agent. No waiver under the Loan Documents shall extend to or affect any obligation not expressly waived or impair any right consequent thereon. No course of dealing or delay or omission on the part of the Collateral Agent or the Lender in exercising any right under the Loan Documents shall operate as a waiver thereof or otherwise be prejudicial thereto. No notice to or demand upon the Borrower shall entitle the Borrower to other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Credit Agreement (Toymax International Inc)

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