Common use of Delay; No Waiver of Defaults Clause in Contracts

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Party or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s 's part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making AdvancesAdvances or funding the Term Loan, Lender does not waive any breach of any representation or warranty of under any Loan Document, and all of Lender’s 's claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on LenderAgent’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty of under any Loan Document, and all of Agent’s or any Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on LenderAgent’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, neither the Agent nor any Lender does not waive waives any breach of any representation or warranty of under any Loan Document, and all of Agent’s or any Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Agent’s or any Lender’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Bridge Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on LenderParent’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or preclude any other or further exercise of such provision. No waiver by any party to any Bridge Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Bridge Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Bridge Loan Document, by completing the Closing under executing this Agreement and/or by making Advanceson or after the date hereof, Lender Parent does not waive any breach of any representation or warranty under any Bridge Loan Document, and all of LenderParent’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on LenderAgent’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Agent’s or any Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Loan Party or operate as a waiver of such provision or affect the liability of any Credit Loan Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or and by making Advances, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release delay or extension omission of the Agent or any provision of other Secured Party to exercise any right or remedy hereunder or under any other Loan Document, or single or partial exercise of Document shall impair any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Party right or operate as a waiver of such provision thereof. No single or affect partial exercise by the liability Agent or any other Secured Party of any Credit Party right or remedy shall preclude any other or further exercise of such provisionthereof, or preclude any other right or remedy. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive no Secured Party waives any breach of any representation or warranty of under any Loan Document, and all of LenderAgent’s or any other Secured Party’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision provisions of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender Xxxxxx does not waive any breach of any representation or warranty of under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision provisions of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty of under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s 's part in enforcing any such provision shall affect the liability of any Credit Party Obligors or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Obligors or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s 's claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release delay or extension omission of the Agent or any provision of other Secured Party to exercise any right or remedy hereunder or under any other Loan Document, or single or partial exercise of Document shall impair any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Party right or operate as a waiver of such provision thereof. No single or affect partial exercise by the liability Agent or any other Secured Party of any Credit Party right or remedy shall preclude any other or further exercise of such provisionthereof, or preclude any other right or remedy. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive no Secured Party waives any breach of any representation or warranty of under any Loan Document, and all of LenderAgent’s or any other Secured Party’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.. [RumbleOn] Loan Agreement

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release delay or extension omission of Lender to exercise any provision of right or remedy hereunder or under any other Loan Document, or single or partial exercise of Document shall impair any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Party right or operate as a waiver of such provision thereof. No single or affect the liability partial exercise by Lender of any Credit Party right or remedy shall preclude any other or further exercise of such provisionthereof, or preclude any other right or remedy. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty of under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty of under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Party or operate as a waiver of such provision or affect the liability of Borrower or any Credit Party Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty of under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s 's part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty of under any Loan Document, and all of Lender’s 's claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or Guarantor or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or Guarantor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty under any Loan Document, and all of Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Acquisition Document, or single or partial exercise of any such provision, or delay, failure or omission on LenderSeller’s part in enforcing any such provision shall affect the liability of any Credit Party Purchaser or operate as a waiver of such provision or affect the liability of any Credit Party Purchaser or preclude any other or further exercise of such provision. No waiver by any party to any Loan Acquisition Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Acquisition Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Acquisition Document, by completing the Closing under this Agreement and/or by making AdvancesAgreement, Lender Seller does not waive any breach of any representation or warranty under any Loan Acquisition Document, and all of LenderSeller’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on Lender’s 's part in enforcing any such provision shall affect the liability of any Credit Party Borrower or operate as a waiver of such provision or affect the liability of any Credit Party Borrower or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, Lender does not waive any breach of any representation or warranty of under any Loan Document, and all of Lender’s 's claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Debenture Document, or single or partial exercise of any such provision, or delay, failure or omission on LenderDebenture Holder’s part in enforcing any such provision shall affect the liability of any Credit Party either Obligor or operate as a waiver of such provision or affect the liability of any Credit Party either Obligor or preclude any other or further exercise of such provision. No waiver by any party to any Loan Debenture Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Debenture Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Debenture Document, by completing the Closing under this Agreement and/or by making AdvancesAgreement, Lender Debenture Holder does not waive any breach of any representation or warranty under any Loan Debenture Document, and all of LenderDebenture Holder’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.

Delay; No Waiver of Defaults. No course of action or dealing, renewal, release or extension of any provision of any Loan Document, or single or partial exercise of any such provision, or delay, failure or omission on LenderAgent’s part in enforcing any such provision shall affect the liability of any Credit Party Borrower or operate as a waiver of such provision or affect the liability of any Credit Party or preclude any other or further exercise of such provision. No waiver by any party to any Loan Document of any one or more defaults by any other party in the performance of any of the provisions of any Loan Document shall operate or be construed as a waiver of any future default, whether of a like or different nature, and each such waiver shall be limited solely to the express terms and provisions of such waiver. Notwithstanding any other provision of any Loan Document, by completing the Closing under this Agreement and/or by making Advances, neither the Agent nor any Lender does not waive waives any breach of any representation or warranty of under any Loan Document, and all of Agent’s or any Lender’s claims and rights resulting from any such breach or misrepresentation are specifically reserved.. Katapult SPV-1 LLC – Loan and Security Agreement