Common use of Enforcement and Waiver by the Bank Clause in Contracts

Enforcement and Waiver by the Bank. The BANK shall have the right at all times to enforce the provisions of this agreement and the COLLATERAL DOCUMENTS in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of the BANK in refraining from so doing at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this AGREEMENT or as having in any way or manner modified or waived the same. All rights and remedies of the BANK are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 2 contracts

Samples: Revolving Loan Agreement (Transgenomic Inc), Loan and Security Agreement (Lynch Corp)

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Enforcement and Waiver by the Bank. The BANK Bank shall have the right at all times to enforce the provisions of this agreement Agreement, the Term Note, and the COLLATERAL DOCUMENTS other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of the BANK Bank in refraining from so doing at any time or times. The failure of the Bank at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this AGREEMENT Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the BANK Bank are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 1 contract

Samples: Term Loan Agreement (KMG B Inc)

Enforcement and Waiver by the Bank. The BANK shall have the right at all times to enforce the provisions of this agreement AGREEMENT and the COLLATERAL DOCUMENTS in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of the BANK in refraining from so doing at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this AGREEMENT or as having in any way or manner modified or waived the same. All rights and remedies of the BANK are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (M Tron Industries Inc)

Enforcement and Waiver by the Bank. The BANK Bank shall have the right at all times to enforce the provisions of this agreement Agreement, the Loan Agreements, and the COLLATERAL DOCUMENTS other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any conduct or custom on the part of the BANK Bank in refraining from so doing at any time or times. The failure of the Bank at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to specific provisions of this AGREEMENT Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the BANK Bank are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 1 contract

Samples: Restructuring Agreement (Display Technologies Inc)

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Enforcement and Waiver by the Bank. The BANK Bank shall have the right at all times to enforce the provisions of this agreement Agreement, the Note and the COLLATERAL DOCUMENTS other Loan Documents in strict accordance with the terms hereof and thereof, notwithstanding any and conduct or custom on the part of the BANK Bank in refraining from so doing at any time or times. The failure of the Bank at any time or times to enforce its rights under such provisions, strictly in accordance with the same, shall not be construed as having created a custom in any way or manner contrary to the specific provisions of this AGREEMENT Agreement or as having in any way or manner modified or waived the same. All rights and remedies of the BANK Bank are cumulative and concurrent and the exercise of one right or remedy shall not be deemed a waiver or release of any other right or remedy.

Appears in 1 contract

Samples: Credit Agreement (International Rectifier Corp /De/)

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