Common use of Cumulative Remedies; No Waiver Clause in Contracts

Cumulative Remedies; No Waiver. Lender’s rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law from time to time. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The consent by Lender to any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s consent to or approval of any subsequent act. Lender’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender of the right to require prompt performance of all further obligations; Lender’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lender’s right to proceed with the exercise of remedies for any unfulfilled obligations; and Lender’s acceptance of any partial performance shall not constitute a waiver by Lender of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 4 contracts

Samples: Construction Loan Agreement (Sentio Healthcare Properties Inc), Loan and Security Agreement (Isun, Inc.), Credit Agreement (JetPay Corp)

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Cumulative Remedies; No Waiver. Lender’s rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law law or in equity from time to time. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The Lender’s consent by Lender to or approval of any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s consent to or approval of any subsequent act. Lender’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender of the right to require prompt performance of all further obligations; Lender’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lender’s right to proceed with the exercise of its remedies for any unfulfilled obligations; and Lender’s acceptance of any partial performance shall not constitute a waiver by Lender of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 3 contracts

Samples: Stryve Foods, Inc., Stryve Foods, Inc., Stryve Foods, Inc.

Cumulative Remedies; No Waiver. LenderEach Party’s rights and remedies under the Loan Documents this Revitalization Agreement are cumulative and in addition to all rights and remedies provided by Applicable Law law from time to time. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender a Party in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document this Revitalization Agreement shall be construed as a waiver of any subsequent breach of the same provision. The A Party’s consent by Lender to or approval of any act by Borrower the other Party hereto requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s such consent to or approval of any subsequent act. LenderA Party’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender such Party of the right to require prompt performance of all further obligations; Lendera Party’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lendersuch Party’s right to proceed with the exercise of its remedies for any unfulfilled obligations; and Lendera Party’s acceptance of any partial performance shall not constitute a waiver by Lender such Party of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 3 contracts

Samples: Neighborhood Revitalization Agreement, Neighborhood Revitalization Agreement, Neighborhood Revitalization Agreement

Cumulative Remedies; No Waiver. Lender’s 's rights and remedies under ------------------------------ the Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law law from time to time, and each such right or remedy may be exercised, concurrently or independently, from time to time and as often as Lender deems expedient. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The Lender's consent by Lender to or approval of any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s 's consent to or approval of any subsequent act. Lender’s 's acceptance of the late performance of any obligation shall not constitute a waiver by Lender of the right to require prompt performance of all further obligations; Lender’s 's acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lender’s 's right to proceed with the exercise of its remedies for any unfulfilled obligations; and Lender’s 's acceptance of any partial performance shall not constitute a waiver by Lender of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 2 contracts

Samples: Term Loan Agreement (Unified Western Grocers Inc), Term Loan Agreement (Unified Western Grocers Inc)

Cumulative Remedies; No Waiver. Lender’s rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law from time to time. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The consent by Lender to any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s consent to or approval of any subsequent act. Lender’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender of the right to require prompt performance of all further obligations; Lender’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lender’s right to proceed with the exercise of remedies for any unfulfilled obligations; and Lender’s acceptance of any partial performance shall not constitute a waiver by Lender of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 2 contracts

Samples: Construction Loan Agreement (Bluerock Enhanced Multifamily Trust, Inc.), Construction Loan Agreement (Bluerock Enhanced Multifamily Trust, Inc.)

Cumulative Remedies; No Waiver. LenderAdministrative Agent’s rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law applicable law from time to time. The exercise or direction to exercise by Lender Administrative Agent of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender Administrative Agent in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender Administrative Agent to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The consent by Lender Administrative Agent to any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary LenderAdministrative Agent’s consent to or approval of any subsequent act. LenderAdministrative Agent’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender Administrative Agent of the right to require prompt performance of all further obligations; LenderAdministrative Agent’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of LenderAdministrative Agent’s right to proceed with the exercise of remedies for any unfulfilled obligations; and LenderAdministrative Agent’s acceptance of any partial performance shall not constitute a waiver by Lender Administrative Agent of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 2 contracts

Samples: Syndicated Term Loan Agreement (Strategic Storage Trust IV, Inc.), Syndicated Term Loan Agreement (Strategic Storage Trust VI, Inc.)

Cumulative Remedies; No Waiver. Lender’s rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law applicable law from time to time. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The consent by Lender to any act by any Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s consent to or approval of any subsequent act. Lender’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender of the right to require prompt performance of all further obligations; Lender’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lender’s right to proceed with the exercise of remedies for any unfulfilled obligations; and Lender’s acceptance of any partial performance shall not constitute a waiver by Lender of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 1 contract

Samples: Loan Agreement (Lodging Fund REIT III, Inc.)

Cumulative Remedies; No Waiver. Lender’s rights and remedies under the Term Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law from time to time. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Term Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The consent by Lender to any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s consent to or approval of any subsequent act. Lender’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender of the right to require prompt performance of all further obligations; Lender’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lender’s right to proceed with the exercise of remedies for any unfulfilled obligations; and Lender’s acceptance of any partial performance shall not constitute a waiver by Lender of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 1 contract

Samples: Term Loan and Security Agreement (SRAX, Inc.)

Cumulative Remedies; No Waiver. LenderAdministrative Agent’s rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law Laws from time to time. The exercise or direction to exercise by Lender Administrative Agent of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender Administrative Agent in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender Administrative Agent to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The consent by Lender Administrative Agent to any act by Borrower Bxxxxxxx requiring further consent or approval shall not be deemed to waive or render unnecessary LenderAdministrative Agent’s consent to or approval of any subsequent act. LenderAdministrative Agent’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender Administrative Agent of the right to require prompt performance of all further obligations; LenderAdministrative Agent’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of LenderAdministrative Agent’s right to proceed with the exercise of remedies for any unfulfilled obligations; and LenderAdministrative Agent’s acceptance of any partial performance shall not constitute a waiver by Lender Administrative Agent of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 1 contract

Samples: Syndicated Term Loan Agreement (Strategic Storage Trust VI, Inc.)

Cumulative Remedies; No Waiver. Lender’s rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law Laws from time to time. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The consent by Lender to any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s consent to or approval of any subsequent act. Lender’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender of the right to require prompt performance of all further obligations; Lender’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lender’s right to proceed with the exercise of remedies for any unfulfilled obligations; and Lender’s acceptance of any partial performance shall not constitute a waiver by Lender of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 1 contract

Samples: Revolving Credit Loan Agreement (Global Self Storage, Inc.)

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Cumulative Remedies; No Waiver. LenderXxxxxx’s rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law from time to time. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender Xxxxxx to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The Xxxxxx’s consent by Lender to or approval of any act by Borrower Xxxxxxxx requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s consent to or approval of any subsequent act. Lender’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender of the right to require prompt performance of all further obligations; LenderXxxxxx’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lender’s right to proceed with the exercise of its remedies for any unfulfilled obligations; and LenderXxxxxx’s acceptance of any partial performance shall not constitute a waiver by Lender Xxxxxx of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 1 contract

Samples: Construction Loan Agreement

Cumulative Remedies; No Waiver. LenderAdministrative Agent’s rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law Laws from time to time. The exercise or direction to exercise by Lender Administrative Agent of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender Administrative Agent in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender Administrative Agent to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The consent by Lender Administrative Agent to any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary LenderAdministrative Agent’s consent to or approval of any subsequent act. LenderAdministrative Agent’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender Administrative Agent of the right to require prompt performance of all further obligations; LenderAdministrative Agent’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of LenderAdministrative Agent’s right to proceed with the exercise of remedies for any unfulfilled obligations; and LenderAdministrative Agent’s acceptance of any partial performance shall not constitute a waiver by Lender Administrative Agent of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 1 contract

Samples: Syndicated Term Loan Agreement (Strategic Storage Trust VI, Inc.)

Cumulative Remedies; No Waiver. Lender’s rights and remedies under the Loan Documents are cumulative and in addition to all rights and remedies provided by Applicable Law from time to time. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document shall be construed as a waiver of any subsequent breach of the same provision. The Lender’s consent by Lender to or approval of any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s consent to or approval of any subsequent act. Lender’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender of the right to require prompt performance of all further obligations; Lender’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lender’s right to proceed with the exercise of its remedies for any unfulfilled obligations; and Lender’s acceptance of any partial performance shall not constitute a waiver by Lender of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 1 contract

Samples: Construction Loan Agreement

Cumulative Remedies; No Waiver. Lender’s rights and remedies under the Loan Security Documents are cumulative and in addition to all rights and remedies provided by Applicable Law from time to time. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Security Document shall be construed as a waiver of any subsequent breach of the same provision. The consent by Lender to any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s consent to or approval of any subsequent act. Lender’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender of the right to require prompt performance of all further obligations; Lender’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lender’s right to proceed with the exercise of remedies for any unfulfilled obligations; and Lender’s acceptance of any partial performance shall not constitute a waiver by Lender of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 1 contract

Samples: Construction Loan Agreement (CNL Growth Properties, Inc.)

Cumulative Remedies; No Waiver. The Lender’s rights and remedies under the Loan Documents this Note are cumulative and in addition to all rights and remedies provided by Applicable Law applicable law from time to time. The exercise or direction to exercise by the Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice the Lender in the exercise of any other right rights or remedy. No waiver of any default shall be implied from any omission by the Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Document this Note shall be construed as a waiver of any subsequent breach of the same provision. The consent by of the Lender to any act by the Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary the Lender’s consent to or approval of any subsequent act. The Lender’s acceptance of the late performance of any obligation shall not constitute a waiver by the Lender of the right to require prompt performance of all further obligations; . The Lender’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of the Lender’s right to proceed with the exercise of remedies for any unfulfilled obligations; , and the Lender’s acceptance of any partial performance shall not constitute a waiver by the Lender of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 1 contract

Samples: Provectus Biopharmaceuticals, Inc.

Cumulative Remedies; No Waiver. Lender’s rights and remedies under the Loan Security Documents are cumulative and in addition to all rights and remedies provided by Applicable Law from time to time. The exercise or direction to exercise by Lender of any right or remedy shall not constitute a cure or waiver of any default, nor invalidate any notice of default or any act done pursuant to any such notice, nor prejudice Lender in the exercise of any other right or remedy. No waiver of any default shall be implied from any omission by Lender to take action on account of such default if such default persists or is repeated. No waiver of any default shall affect any default other than the default expressly waived, and any such waiver shall be operative only for the time and to the extent stated. No waiver of any provision of any Loan Security Document shall be construed as a waiver of any subsequent breach of the same provision. The consent by Lender to any act by Borrower requiring further consent or approval shall not be deemed to waive or render unnecessary Lender’s consent to or approval of any subsequent act. Lender’s acceptance of the late performance of any obligation shall not constitute a waiver by Lender of the right to require prompt performance of all further obligations; Lender’s acceptance of any performance following the sending or filing of any notice of default shall not constitute a waiver of Lender’s right to proceed with the exercise of remedies for any unfulfilled obligations; and Lender’s acceptance of any partial performance shall not constitute a waiver by Lender of any rights relating to the unfulfilled portion of the applicable obligation.

Appears in 1 contract

Samples: Loan Agreement (Jagged Peak, Inc.)

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