General Waivers. The failure of Buyer at any time or times hereafter to require Seller strictly to comply with any of the provisions, warranties, terms or conditions of this Agreement or any other present or future instrument or agreement between Seller and Buyer shall not waive or diminish any right of Buyer thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different type. None of the provisions, warranties, terms or conditions of this Agreement or other instrument or agreement now or hereafter executed by Seller and delivered to Buyer shall be deemed to have been waived by any act or knowledge of Buyer or its agents or employees, but only by a specific written waiver signed by an officer of Buyer and delivered to Seller. Seller waives any and all notices or demands which Seller might be entitled to receive with respect to this Agreement, or any other agreement by virtue of any applicable law. Seller hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer on which Seller is or may in any way be liable, and notice of any action taken by Buyer unless expressly required by this Agreement. Seller hereby ratifies and confirms whatever Buyer may do pursuant to this Agreement and agrees that Buyer shall not be liable for the safekeeping of the Collateral or any loss or damage thereto, or diminution the value thereof, from any cause whatsoever, any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or any act of commission or any omission by Buyer or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.
Appears in 5 contracts
Sources: Factoring Agreement, Factoring Agreement, Factoring Agreement
General Waivers. The failure of Buyer at any time or times hereafter to require Seller strictly to comply with any of the provisions, warranties, terms or conditions of this Agreement or any other present or future instrument or agreement between Seller and Buyer shall not waive or diminish any right of Buyer thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different type. None of the provisions, warranties, terms or conditions of this Agreement or other instrument or agreement now or hereafter executed by Seller and delivered to Buyer shall be deemed to have been waived by any act or knowledge of Buyer or its agents or employees, but only by a specific written waiver signed by an officer of Buyer and delivered to Seller. Seller waives any and all notices or demands which Seller might be entitled to receive with respect to this Agreement, or any other agreement by virtue of any applicable law. Seller hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer on which Seller is or may in any way be liable, and notice of any action taken by Buyer unless expressly required by this Agreement. Seller hereby ratifies and confirms whatever Buyer may do pursuant to this Agreement and agrees that Buyer shall not be liable for the safekeeping of the Collateral or any loss or damage thereto, or diminution the in value thereof, from any cause whatsoever, any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or any act of commission or any omission by Buyer or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.
Appears in 3 contracts
Sources: Factoring Agreement (Recruiter.com Group, Inc.), Factoring Agreement (MR2 Group, Inc.), Factoring Agreement (Monster Digital, Inc.)
General Waivers. The failure of Buyer GC at any time or times hereafter to require Seller Debtor to strictly to comply with any of the provisions, warranties, terms or conditions provisions of this Agreement or any other present or future instrument or agreement between Seller Debtor and Buyer GC shall not waive or diminish any right of Buyer GC thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any therewith. Any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different typethereto. None of the provisions, warranties, terms or conditions provisions of this Agreement or other instrument or agreement now or hereafter executed by Seller Debtor and delivered to Buyer GC shall be deemed to have been waived by any act or knowledge of Buyer GC or its agents or employees, but only by a specific written waiver signed by an officer of Buyer GC and delivered to SellerDebtor. Seller Debtor waives the benefit of all statute(s) of limitations in any action or proceeding based upon or arising out of this Agreement or any other present or future instrument or agreement between GC and Debtor. Debtor waives any and all notices or demands which Seller Debtor might be entitled to receive with respect to this Agreement, or any other agreement by virtue of any applicable law*. Seller Debtor hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, AccountReceivables, general intangibleGeneral Intangible, document or guaranty at any time held by Buyer GC on which Seller Debtor is or may in any way be liable, and notice of any action taken by Buyer GC unless expressly required by this Agreement. Seller hereby ratifies and confirms whatever Buyer may do pursuant to this Agreement and agrees that Buyer shall not be liable for the safekeeping of the Collateral or any loss or damage thereto*(EXCEPT THAT, or diminution the value thereofPRIOR TO OR CONCURRENTLY WITH THE TAKING OF THE FIRST OF ANY OF THE FOLLOWING ACTIONS, from any cause whatsoever, any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or any act of commission or any omission by Buyer or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.GC SHALL GIVE DEBTOR ONE GENERAL WRITTEN NOTICE STATING THAT GC IS "PROCEEDING TO EXERCISE ITS RIGHTS AND REMEDIES" OR WORDS TO THAT EFFECT)
Appears in 2 contracts
Sources: Security Agreement (Prime Response Group Inc/De), Security Agreement (Prime Response Inc/De)
General Waivers. The failure of Buyer Purchaser at any time or times hereafter to require Seller strictly to comply with any of the provisions, warranties, terms or conditions of this Agreement or any other present or future instrument or agreement between Seller and Buyer Purchaser shall not waive or diminish any right of Buyer Purchaser thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different type. None of the provisions, warranties, terms or conditions of this Agreement or other instrument or agreement now or hereafter executed by Seller and delivered to Buyer Purchaser shall be deemed to have been waived by any act or knowledge of Buyer Purchaser or its agents or employees, but only by a specific written waiver signed by an officer of Buyer Pur chaser and delivered to Seller. Seller waives any and all notices or demands which Seller might be entitled to receive with respect to this Agreement, or any other agreement by virtue of any applicable law. Seller hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer Purchaser on which Seller is or may in any way be liable, and notice of any action taken by Buyer Purchaser unless expressly required by this Agreement. Seller hereby ratifies and confirms whatever Buyer Purchaser may do pursuant to this Agreement and agrees that Buyer Purchaser shall not be liable for the safekeeping of the Collateral or any loss or damage thereto, or diminution the in value thereof, from any cause whatsoever, any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or any act of commission or any omission by Buyer Purchaser or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.
Appears in 2 contracts
Sources: Account Sale and Purchase Agreement (Boxlight Corp), Account Sale and Purchase Agreement (Boxlight Corp)
General Waivers. The failure of Buyer at any time or times hereafter to require Seller strictly to comply with any of the provisions, warranties, terms or conditions of this Agreement or any other present or future instrument or agreement between Seller and Buyer shall not waive or diminish any right of Buyer thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different type. None of the provisions, warranties, terms or conditions of this Agreement or other instrument or agreement now or hereafter executed by Seller ▇▇▇▇▇▇ and delivered to Buyer shall be deemed to have been waived by any act or knowledge of Buyer or its agents or employees, but only by a specific written waiver signed by an officer of Buyer and delivered to Seller. Seller waives any and all notices or demands which Seller might be entitled to receive with respect to this Agreement, or any other agreement by virtue of any applicable law. Seller hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer on which Seller is or may in any way be liable, and notice of any action taken by Buyer unless expressly required by this Agreement. Seller hereby ratifies and confirms whatever Buyer may do pursuant to this Agreement and agrees that Buyer shall not be liable for the safekeeping of the Collateral or any loss lass or damage thereto, or diminution the in value thereof, from any cause whatsoever, any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or any act of commission or any omission by Buyer or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.
Appears in 2 contracts
Sources: Factoring Agreement, Factoring Agreement (Stellar Acquisition III Inc.)
General Waivers. The failure Borrower hereby waives presentment, notice of Buyer dishonor, protest, notice of acceptance of this Agreement, notice of loans made, credit extended, collateral received or delivered or other action taken in reliance hereon and all other demands and notices of any description. With respect to this Agreement, the Note and Loan Documents and any Collateral now or hereafter securing the same, Borrower assents to any extension or postponement of the time of payment or any other indulgence, to any substitution, exchange or release of any collateral now or hereafter securing the Note and Loan Documents, to the addition or release of any party or person primarily or secondarily liable, to the acceptance of partial payments thereon and the settlement, compromising or adjusting thereof, all in such manner and at any such time or times hereafter as the Bank may deem advisable. The Bank shall have no duty as to require Seller strictly to comply with any of the provisions, warranties, terms collection or conditions of this Agreement or any other present or future instrument or agreement between Seller and Buyer shall not waive or diminish any right of Buyer thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any waiver protection of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different type. None of the provisions, warranties, terms or conditions of this Agreement or other instrument or agreement Collateral now or hereafter executed by Seller securing the Note and delivered Loan Documents or any income thereon, nor as to Buyer the preservation of rights against prior parties, nor as to the preservation of any rights pertaining thereto beyond the safe custody thereof. The Bank may exercise its rights with respect to any Collateral without resorting or regard to other Collateral now or hereafter securing the Note and Loan Documents or sources of reimbursement for liability. The Bank shall not be deemed to have been waived by any act of its rights upon or knowledge under any document or agreement relating to the Obligations of Buyer the Borrower or its agents any Collateral now or employees, but only by a specific written hereafter securing any such Obligations unless such waiver is in writing and signed by an officer the Bank. No delay or omission on the part of Buyer the Bank in exercising any right shall operate as a waiver of such right or any other right. A waiver on any one occasion shall not be construed as a bar to or waiver of any right on any future occasion. The Bank may revoke any permission or waiver previously granted to Borrower, such revocation shall be effective when given in writing. All rights and delivered to Seller. Seller waives any and all notices or demands which Seller might be entitled to receive remedies of the Bank with respect to this Agreement, the Note, the Loan Documents or any Collateral now or hereafter securing the same, whether evidenced hereby or by any other agreement by virtue of any applicable law. Seller hereby waives demandinstrument or document, protest, notice of protest shall be cumulative and notice of default may be exercised singularly or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer on which Seller is or may in any way be liable, and notice of any action taken by Buyer unless expressly required by this Agreement. Seller hereby ratifies and confirms whatever Buyer may do pursuant to this Agreement and agrees that Buyer shall not be liable for the safekeeping of the Collateral or any loss or damage thereto, or diminution the value thereof, from any cause whatsoever, any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or any act of commission or any omission by Buyer or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of lawconcurrently.
Appears in 2 contracts
Sources: Loan Agreement (Procaccianti Hotel Reit, Inc.), Loan Agreement (Procaccianti Hotel Reit, Inc.)
General Waivers. The failure of Buyer Coast at any time or times hereafter to require Seller Debtor to strictly to comply with any of the provisions, warranties, terms or conditions provisions of this Agreement or any other present or future instrument or agreement between Seller Debtor and Buyer Coast shall not waive or diminish any right of Buyer Coast thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any therewith. Any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different typethereto. None of the provisions, warranties, terms or conditions provisions of this Agreement or other instrument or agreement now or hereafter executed by Seller Debtor and delivered to Buyer Coast shall be deemed to have been waived by any act or knowledge of Buyer Coast or its agents or employees, but only by a specific written waiver signed by an officer of Buyer Coast and delivered to SellerDebtor. Seller Debtor waives the benefit of all statute(s) of limitations in any action or proceeding based upon or arising out of this Agreement or any other present or future instrument or agreement between Coast and Debtor. Debtor waives any and all notices or demands which Seller Debtor might be entitled to receive with respect to this Agreement, or any other agreement by virtue of any applicable law. Seller Debtor hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer Coast on which Seller Debtor is or may in any way be liable, and notice of any action taken by Buyer Coast unless expressly required by this Agreement. Seller Debtor hereby ratifies and confirms whatever Buyer Coast may do pursuant to this Agreement and agrees that Buyer Coast shall not be liable for (a) the safekeeping of the Collateral or any loss or damage thereto, or diminution the in value thereof, from any cause whatsoever, or (b) any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or (c) any act of commission or any omission by Buyer Coast or its officers, Coast Business Credit Security Agreement Security Agreement -------------------------------------------------------------------------------- employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.
Appears in 1 contract
General Waivers. The failure of Buyer Lender at any time or times hereafter to require Seller Borrower strictly to comply with any of the provisions, warranties, terms or conditions of this Agreement or any other present or future instrument or agreement between Seller Borrower and Buyer Lender shall not waive or diminish any right of Buyer Lender thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different type. None of the provisions, warranties, terms or conditions of this Agreement or other instrument or agreement now or hereafter executed by Seller Borrower and delivered to Buyer Lender shall be deemed to have been waived by any act or knowledge of Buyer Lender or its agents or employees, but only by a specific written waiver signed by an officer of Buyer Lender and delivered to SellerBorrower. Seller Borrower waives any and all notices or demands which Seller Borrower might be entitled to receive with respect to this Agreement, or any other agreement by virtue of any applicable law. Seller Borrower hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer Lender on which Seller Borrower is or may in any way be liable, and notice of any action taken by Buyer Lender unless expressly required by this Agreement. Seller Borrower hereby ratifies and confirms whatever Buyer Lender may do pursuant to this Agreement and agrees that Buyer Lender shall not be liable for the safekeeping of the Collateral or any loss or damage thereto, or diminution the in value thereof, from any cause whatsoever, any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or any act of commission or any omission by Buyer Lender or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.
Appears in 1 contract
Sources: Accounts Receivable Financing Agreement (Boxlight Corp)
General Waivers. The failure of Buyer GBC at any time or times hereafter to require Seller Debtor to strictly to comply with any of the provisions, warranties, terms or conditions provisions of this Agreement or any other present or future instrument or agreement between Seller Debtor and Buyer GBC shall not waive or diminish any right of Buyer GBC thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any therewith. Any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different typethereto. None of the provisions, warranties, terms or conditions provisions of this Agreement or other instrument or agreement now or hereafter executed by Seller Debtor and delivered to Buyer GBC shall be deemed to have been waived by any act or knowledge of Buyer GBC or its agents or employees, but only by a specific written waiver signed by an officer of Buyer GBC and delivered to SellerDebtor. Seller Debtor waives the benefit of all statute(s) of limitations in any action or proceeding based upon or arising out of this Agreement or any other present or future instrument or agreement between GBC and Debtor. Debtor waives any and all notices or demands which Seller Debtor might be entitled to receive with respect to this Agreement, or any other agreement by virtue of any applicable law. Seller Debtor hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, AccountReceivables, general intangibleGeneral Intangible, document or guaranty at any time held by Buyer GBC on which Seller Debtor is or may in any way be liable, and notice of any action taken by Buyer GBC unless expressly required by this Agreement. Seller Debtor hereby ratifies and confirms whatever Buyer GBC may do pursuant to this Agreement and agrees that Buyer GBC shall not be liable for (a) the safekeeping of the Collateral or any loss or damage thereto, or diminution the in value thereof, from any cause whatsoever, or (b) any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or (c) any act of commission or any omission by Buyer GBC or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.
Appears in 1 contract
General Waivers. The failure of Buyer Coast at any time or times hereafter to require Seller Borrower to strictly to comply with any of the provisions, warranties, terms or conditions provisions of this Loan Agreement or any Collateral Agreement or any other present or future instrument or agreement between Seller Borrower and Buyer Coast shall not waive or diminish any right of Buyer Coast thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any therewith. Any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different typethereto. None of the provisions, warranties, terms or conditions provisions of this Loan Agreement or any Collateral Agreement or other instrument or agreement now or hereafter executed by Seller Borrower and delivered to Buyer Coast shall be deemed to have been waived by any act or knowledge of Buyer Coast or its agents or employees, but only by a specific written waiver signed by an officer of Buyer Coast and delivered to SellerBorrower. Seller Borrower waives the benefit of all statute(s) of limitations in any action or proceeding based upon or arising out of this Loan Agreement or any Collateral Agreement or any other present or future instrument or agreement between Coast and Borrower. Borrower waives any and all notices or demands which Seller Borrower might be entitled to receive with respect to this Loan Agreement, any Collateral Agreement, or any other agreement by virtue of any applicable law. Seller Borrower hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer Coast on which Seller Borrower is or may in any way be liable, and notice of any action taken by Buyer Coast unless expressly required by this Loan Agreement or any Collateral Agreement. Seller Borrower hereby ratifies and confirms whatever Buyer Coast may do * pursuant to this Loan Agreement and any Collateral Agreement and agrees that Buyer Coast shall not be liable for (a) the safekeeping of the Collateral or any loss or damage thereto, or diminution the in value thereof, from any cause whatsoever**, or (b) any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or (c) any act of commission or any omission by Buyer Coast or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.***. *IN A COMMERCIALLY REASONABLE MANNER **UNLESS ANY DAMAGE THERETO IS CAUSED BY COAST'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT ***EXCEPT FOR COAST'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT
Appears in 1 contract
Sources: Loan and Security Agreement (Catalyst Semiconductor Inc)
General Waivers. The failure of Buyer Coast at any time or times hereafter to require Seller Borrower to strictly to comply with any of the provisions, warranties, terms or conditions provisions of this Loan Agreement or any Collateral Agreement or any other present or future instrument or agreement between Seller Borrower and Buyer Coast shall not waive or diminish any right of Buyer thereafter Coast there were to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any therewith. Any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different typethereto. None of the provisions, warranties, terms or conditions provisions of this Loan Agreement or any Collateral Agreement or other instrument or agreement now or hereafter executed by Seller Borrower and delivered to Buyer Coast shall be deemed to have been waived by any act or knowledge of Buyer Coast or its agents or employees, but only by a specific written waiver signed by an officer of Buyer Coast and delivered to SellerBorrower. Seller Borrower waives the benefit of all statute(s) of limitations in any action or proceeding based upon or arising out of this Loan Agreement or any Collateral Agreement or any other present or future instrument or agreement between Coast and Borrower. Borrower waives any and all notices or demands which Seller Borrower might be entitled to receive with respect to this Loan Agreement, any Collateral Agreement, or any other agreement by virtue of any applicable law. Seller Borrower hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer Coast on which Seller Borrower is or may in any way be liable, and notice of any action taken by Buyer Coast unless expressly required by this Loan Agreement or any Collateral Agreement. Seller Borrower hereby ratifies and confirms whatever Buyer Coast may do in a commercially reasonable manner pursuant to this Loan Agreement and any Collateral Agreement and agrees that Buyer Coast shall not be liable for (a) the safekeeping of the Collateral or any loss or damage thereto, or diminution the in value thereof, from any cause whatsoeverwhatsoever unless any damage thereto is caused by Coast's gross negligence or willful misconduct, or (b) any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or (c) any act of commission or any omission by Buyer Coast or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of lawlaw except for Coast's gross negligence or willful misconduct.
Appears in 1 contract
Sources: Loan and Security Agreement (Catalyst Semiconductor Inc)
General Waivers. The failure Each Borrower hereby expressly waives (A) diligence, presentment, demand for payment, protest, benefit of Buyer at any time statute of limitations affecting any Borrower’s liability under the Loan Documents; (B) discharge due to any disability of any Borrower; (C) any defenses of any Borrower to obligations under the Loan Documents not arising under the express terms of the Loan Documents or times hereafter from a material breach thereof by any Agent or any Lender which under applicable law has the effect of discharging any Borrower from the Obligations as to require Seller strictly which this Agreement is sought to comply with be enforced; (D) the benefit of any act or omission by any Agent or Lender which directly or indirectly results in or aids the discharge of any Borrower from any of the provisionsObligations by operation of law or otherwise; (E) all notices whatsoever, warrantiesincluding, terms without limitation, notice of acceptance of the incurring of the Obligations; (F) any right it may have to require Agent or conditions Lenders to disclose to it any information that any Agent or Lender may now or hereafter acquire concerning the financial condition or any circumstances that bear on the risk of this Agreement nonpayment by any other Borrower, including without limitation the release of such other Borrower from its Obligations hereunder; and (G) any requirement that any Agent or Lender exhaust any right, power or remedy or proceed against the other Borrower or any other present security for, or future instrument or agreement between Seller and Buyer shall not waive or diminish any right of Buyer thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different type. None of the provisions, warranties, terms or conditions of this Agreement or other instrument or agreement now or hereafter executed by Seller and delivered to Buyer shall be deemed to have been waived by any act or knowledge of Buyer or its agents or employees, but only by a specific written waiver signed by an officer of Buyer and delivered to Seller. Seller waives any and all notices or demands which Seller might be entitled to receive with respect to this Agreementguarantor of, or any other agreement by virtue party liable for, any of the Obligations, or any applicable lawportion thereof. Seller hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer on which Seller is or may in any way be liable, and notice of any action taken by Buyer unless expressly required by this Agreement. Seller hereby ratifies and confirms whatever Buyer may do pursuant to this Agreement and Each Borrower specifically agrees that Buyer it shall not be liable necessary or required, and Borrowers shall not be entitled to require, that any Agent or Lender (1) file suit or proceed to assert or obtain a claim for personal judgment against any other Borrower for all or any part of the safekeeping Obligations; (2) make any effort at collection or enforcement of all or any part of the Obligations from any Borrower; (3) foreclose against or seek to realize upon the Collateral or any loss other security now or damage thereto, hereafter existing for all or diminution any part of the value thereof, from Obligations; (4) file suit or proceed to obtain or assert a claim for personal judgment against any cause whatsoever, Borrower or any act guarantor or omission other party liable for all or any part of the Obligations; (5) exercise or assert any other right or remedy to which any Agent or any Lender is or may be entitled in connection with the Obligations or any security or guaranty relating thereto to assert; or (6) file any claim against assets of one Borrower before or as a condition of enforcing the liability of any carrier, warehouseman, bailee, forwarding agent or other person, or Borrower under any act of commission or any omission by Buyer or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of lawLoan Document.
Appears in 1 contract
Sources: Credit Agreement (NRG Energy, Inc.)
General Waivers. The failure Each Borrower hereby expressly waives (A) diligence, presentment, demand for payment, protest, benefit of Buyer at any time statute of limitations affecting any Borrower’s liability under the Loan Documents; (B) discharge due to any disability of any Borrower; (C) any defenses of any Borrower to obligations under the Loan Documents not arising under the express terms of the Loan Documents or times hereafter from a material breach thereof by any Agent or any Lender which under applicable law has the effect of discharging any Borrower from the Obligations as to require Seller strictly which this Agreement is sought to comply with be enforced; (D) the benefit of any act or omission by any Agent or Lender which directly or indirectly results in or aids the discharge of any Borrower from any of the provisionsObligations by operation of law or otherwise; (E) all notices whatsoever, warrantiesincluding, terms without limitation, notice of acceptance of the incurring of the Obligations; (F) any right it may have to require Agent or conditions Lenders to disclose to it any information that any Agent or Lender may now or hereafter acquire concerning the financial condition or any circumstances that bear on the risk of this Agreement nonpayment by any other Borrower, including without limitation the release of such other Borrower from its Obligations hereunder; and (G) any requirement that any Agent or Lender exhaust any right, power or remedy or proceed against the other Borrower or any other present security for, or future instrument or agreement between Seller and Buyer shall not waive or diminish any right of Buyer thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different type. None of the provisions, warranties, terms or conditions of this Agreement or other instrument or agreement now or hereafter executed by Seller and delivered to Buyer shall be deemed to have been waived by any act or knowledge of Buyer or its agents or employees, but only by a specific written waiver signed by an officer of Buyer and delivered to Seller. Seller waives any and all notices or demands which Seller might be entitled to receive with respect to this Agreementguarantor of, or any other agreement by virtue party liable for, any of the Obligations, or any applicable lawportion thereof. Seller hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer on which Seller is or may in any way be liable, and notice of any action taken by Buyer unless expressly required by this Agreement. Seller hereby ratifies and confirms whatever Buyer may do pursuant to this Agreement and Each Borrower specifically agrees that Buyer it shall not be liable necessary or required, and Borrowers shall not be entitled to require, that any Agent or Lender (1) file suit or proceed to assert or obtain a claim for personal judgment against any other Borrower for all or any part of the safekeeping Obligations; (2) make any effort at collection or enforcement of all or any part of the Obligations from any Borrower; (3) foreclose against or seek to realize upon the Collateral or any loss other security now or damage thereto, hereafter existing for all or diminution any part of the value thereof, from Obligations; (4) file suit or proceed to obtain or assert a claim for personal judgment against any cause whatsoever, Borrower or any act guarantor or omission other party liable for all or any part of the Obligations; (5) exercise or assert any other right or remedy to which Administrative Agent or any Lender is or may be entitled in connection with the Obligations or any security or guaranty relating thereto to assert; or (6) file any claim against assets of one Borrower before or as a condition of enforcing the liability of any carrier, warehouseman, bailee, forwarding agent or other person, or Borrower under any act of commission or any omission by Buyer or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of lawLoan Document.
Appears in 1 contract
Sources: Credit Agreement (Shaw Group Inc)
General Waivers. The failure of Buyer Lender at any time or times hereafter to require Seller Debtor to strictly to comply with any of the provisions, warranties, terms or conditions provisions of this Agreement or any other present or future instrument or agreement between Seller Debtor and Buyer Lender shall not waive or diminish any right of Buyer Lender thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any therewith. Any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different typethereto. None of the provisions, warranties, terms or conditions provisions of this Agreement or other instrument or agreement now or hereafter executed by Seller Debtor and delivered to Buyer Lender shall be deemed to have been waived by any act or knowledge of Buyer Lender or its agents or employees, but only by a specific written waiver signed by an officer of Buyer Lender and delivered to SellerDebtor. Seller Debtor waives the benefit of all statute(s) of limitations in any action or proceeding based upon or arising out of this Agreement or any other present or future instrument or agreement between Lender and Debtor. Debtor waives any and all notices or demands which Seller Debtor might be entitled to receive with respect to this Agreement, or any other agreement by virtue of any applicable law. Seller Debtor hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer Lender on which Seller Debtor is or may in any way be liable, and notice of any action taken by Buyer Lender unless expressly required by this Agreement. Seller Debtor hereby ratifies and confirms whatever Buyer Lender may do pursuant to this Agreement and agrees that Buyer Lender shall not be liable for (a) the safekeeping of the Collateral or any loss or damage thereto, or diminution the in value thereof, from any cause whatsoever, or (b) any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or (c) any act of commission or any omission by Buyer Lender or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.
Appears in 1 contract
General Waivers. The failure of Buyer Coast at any time or times hereafter to require Seller Borrower to strictly to comply with any of the provisions, warranties, terms or conditions provisions of this Loan Agreement or any Collateral Agreement or any other present or future instrument or agreement between Seller Borrower and Buyer Coast shall not waive or diminish any right of Buyer Coast thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any therewith. Any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different typethereto. None of the provisions, warranties, terms or conditions provisions of this Loan Agreement or any Collateral Agreement or other instrument or agreement now or hereafter executed by Seller Borrower and delivered to Buyer Coast shall be deemed to have been waived by any act or knowledge of Buyer Coast or its agents or employees, but only by a specific written waiver signed by an officer of Buyer Coast and delivered to SellerBorrower. Seller Borrower waives the benefit of all statute(s) of limitations in any action or proceeding based upon or arising out of this Loan Agreement or any Collateral Agreement or any other present or future instrument or agreement between Coast and Borrower. Borrower waives any and all notices or demands which Seller Borrower might be entitled to receive with respect to this Loan Agreement, any Collateral Agreement, or any other agreement by virtue of any applicable law. Seller Borrower hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer Coast on which Seller Borrower is or may in any way be liable, and notice of any action taken by Buyer Coast unless expressly required by this Loan Agreement or any Collateral Agreement. Seller Borrower hereby ratifies and confirms whatever Buyer Coast may do in a commercially reasonable manner pursuant to this Loan Agreement and any Collateral Agreement and agrees that Buyer Coast shall not be liable for (a) the safekeeping of the Collateral or any loss or damage thereto, or diminution the in value thereof, from any cause whatsoeverwhatsoever unless any damage thereto is caused by Coast's gross negligence or willful misconduct, or (b) any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or (c) any act of commission or any omission by Buyer Coast or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of lawlaw except for Coast's gross negligence or willful misconduct.
Appears in 1 contract
Sources: Loan and Security Agreement (Catalyst Semiconductor Inc)
General Waivers. The failure of Buyer Bay View at any time or times hereafter to require Seller Client strictly to comply with any of the provisions, warranties, terms or conditions of this Agreement or any other present or future instrument or agreement between Seller Client and Buyer Bay View shall not waive or diminish any right of Buyer Bay View thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different type. None of the provisions, warranties, terms or conditions of this Agreement or other instrument or agreement now or hereafter executed by Seller Client and delivered to Buyer Bay View shall be deemed to have been waived by any act or knowledge of Buyer Bay View or its agents or employees, but only by a specific written waiver signed by an officer of Buyer Bay View and delivered to SellerClient. Seller waives any and all notices or demands which Seller might be entitled to receive with respect to this Agreement, or any other agreement by virtue of any applicable law. Seller Client hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer Bay View on which Seller Client is or may in any way be liable, and notice of any action taken by Buyer Bay View unless expressly required by this Agreement. Seller Client hereby ratifies and confirms whatever Buyer Bay View may do pursuant to this Agreement and agrees that Buyer Bay View shall not be liable for the safekeeping of the Collateral or any loss or damage thereto, or diminution the in value thereof, from any cause whatsoever, any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or any act of commission or any omission by Buyer Bay View or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.
Appears in 1 contract
Sources: Accounts Receivable Finance Agreement (Fluent, Inc.)
General Waivers. The failure of Buyer CoastFed at any time or times hereafter to require Seller Borrower to strictly to comply with any of the provisions, warranties, terms or conditions provisions of this Loan Agreement or any Collateral Agreement or any other present or future instrument or agreement between Seller Borrower and Buyer CoastFed shall not waive or diminish any right of Buyer CoastFed thereafter to demand and receive strict compliance therewith and with any other provision warranty, term and condition; and any therewith. Any waiver of any default shall not waive or affect any other default, whether prior or subsequent thereto and whether of the same or of a different typethereto. None of the provisions, warranties, terms or conditions provisions of this Loan Agreement or any Collateral Agreement or other instrument or agreement now or hereafter executed by Seller Borrower and delivered to Buyer CoastFed shall be deemed to have been waived by any act or knowledge of Buyer CoastFed or its agents or employees, but only by a specific written waiver signed by an officer of Buyer CoastFed and delivered to SellerBorrower. Seller Borrower waives the benefit of all statute(s) of limitations in any action or proceeding based upon or arising out of this Loan Agreement or any Collateral Agreement or any other present or future instrument or agreement between CoastFed and Borrower. Borrower waives any and all notices or demands which Seller Borrower might be entitled to receive with respect to this Loan Agreement, any Collateral Agreement, or any other agreement by virtue of any applicable law. Seller Borrower hereby waives demand, protest, notice of protest and notice of default or dishonor, notice of payment and nonpayment, release, compromise, settlement, extension or renewal of any commercial paper, instrument, Account, general intangible, document or guaranty at any time held by Buyer CoastFed on which Seller Borrower is or may in any way be liable, and notice of any action taken by Buyer CoastFed unless expressly required by this Loan Agreement or any Collateral Agreement. Seller Borrower hereby ratifies and confirms ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ CREDIT LOAN AND SECURITY AGREEMENT -------------------------------------------------------------------------------- whatever Buyer CoastFed may do *pursuant to this Loan Agreement and any Collateral Agreement and agrees that Buyer CoastFed shall not be liable for (a) the safekeeping of the Collateral or any loss or damage thereto, or diminution the in value thereof, from any cause whatsoever**, or (b) any act or omission of any carrier, warehouseman, bailee, forwarding agent or other person, or (c) any act of commission or any omission by Buyer CoastFed or its officers, employees, agents, or attorneys, or any of its or their errors of judgment or mistakes of fact or of law.***. *IN A COMMERCIALLY REASONABLE MANNER **UNLESS ANY DAMAGE THERETO IS CAUSED BY COASTFED'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT ***EXCEPT FOR COASTFED'S GROSS NEGLIGENCE OR WILFUL MISCONDUCT
Appears in 1 contract