Common use of Integration; Amendment; Waivers Clause in Contracts

Integration; Amendment; Waivers. This Agreement, the Fifth Amendment, the Loan Documents, and the other written agreements, instruments and documents entered into in connection therewith (collectively, the "Borrower/Lender Documents") set forth in full the terms of agreement among the parties and are intended as the full, complete and exclusive contract governing the relationship among the parties, superseding all other discussions, promises, representations, warranties, agreements and understandings between the parties with respect thereto. No term of the Borrower/Lender Documents may be modified or amended, nor may any rights thereunder be waived, except in a writing signed by the party against whom enforcement of the modification, amendment or waiver is sought. Any waiver of any condition in, or breach of, any of the foregoing in a particular instance shall not operate as a waiver of other or subsequent conditions or breaches of the same or a different kind. Lender's exercise or failure to exercise any rights under any of the foregoing in a particular instance shall not operate as a waiver of its right to exercise the same or different rights in instances. Except as expressly provided to the contrary in this Agreement, or in another written agreement between the parties, all the terms, conditions and provisions of the Borrower/Lender Documents shall continue in full force and effect. With respect to any description herein of the rights and remedies of Lender or Liabilities of the Borrowers which also exist under the terms of the other Borrower/Lender Documents, the fact that this Agreement may omit or contain a different description of any rights, remedies and Liabilities shall not be deemed to limit any of such rights, remedies and Liabilities contained in the other Borrower/Lender Documents.

Appears in 1 contract

Sources: Forbearance and Overadvance Agreement (Teardrop Golf Co)

Integration; Amendment; Waivers. This Agreement, the Fifth Amendment, and the Loan Documents, and the other written agreements, instruments and documents entered into in connection therewith (collectively, the "Borrower/Lender Documents") ------------------------------- Documents set forth in full the and terms of agreement among between the parties and are intended as the full, complete and exclusive contract governing the relationship among between the parties, superseding all other discussions, promises, representations, warranties, agreements and the understandings between the parties with respect thereto. No term of the Borrower/Lender Loan Documents may be modified or amended, nor may any rights thereunder be waived, except in a writing signed by the party against whom enforcement of the modification, amendment or waiver is sought. Any waiver of any condition in, or breach of, any of the foregoing in a particular instance shall not operate as a waiver of other or subsequent conditions or breaches of the same or a different kind. Lender's exercise or failure to exercise any rights under any of the foregoing in a particular instance shall not operate as a waiver of its right to exercise the same or different rights in subsequent instances. Except as expressly provided to the contrary in this Agreement, or in another written agreement between the partiesagreement, all the terms, conditions conditions, and provisions of the Borrower/Lender Loan Documents shall continue in full force and effect. With respect to any If in this Agreement's description herein of an agreement between the parties, rights and remedies of Lender or Liabilities obligations of the Borrowers borrower are described which also exist under the terms of the other Borrower/Lender Loan Documents, the fact that this Agreement may omit or contain a different briefer description of any rights, remedies and Liabilities obligations shall not be deemed to limit any of such rights, remedies and Liabilities obligations contained in the other Borrower/Lender Loan Documents.

Appears in 1 contract

Sources: Forbearance Agreement (Video City Inc)

Integration; Amendment; Waivers. This Agreement, the Fifth Amendment, the Agreement and Loan Documents, and the other written agreements, instruments and documents entered into in connection therewith (collectively, the "Borrower/Lender Documents") Documents set forth in full the are terms of agreement among between the parties and are intended as the full, complete and exclusive contract governing the relationship among between the parties, superseding all other discussions, promises, representations, warranties, agreements and the understandings between the parties with respect thereto. No term of the Borrower/Lender Loan Documents may be modified or amended, nor may any rights thereunder be waived, except in a writing signed by the party against whom enforcement of the modification, amendment or waiver is sought. Any waiver of any condition in, or breach of, any of the foregoing in a particular instance shall not operate as a waiver of other or subsequent conditions or breaches of the same or a different kind. The Agents’ or any Lender's ’s exercise or failure to exercise any rights under any of the foregoing in a particular instance shall not operate as a waiver of its right to exercise the same or different rights in subsequent instances. Except as expressly provided to the contrary in this Agreement, or in another written agreement between the partiesagreement, all the terms, conditions conditions, and provisions of the Borrower/Lender Loan Documents shall continue in full force and effect. With respect to any If in this Agreement’s description herein of an agreement between the parties, rights and remedies of Lender the Agents or Liabilities Lenders or obligations of the Borrowers which or Guarantor are described that also exist under the terms of the other Borrower/Lender Loan Documents, the fact that this Agreement may omit or contain a different briefer description of any rights, remedies and Liabilities obligations shall not be deemed to limit any of such rights, remedies and Liabilities obligations contained in the other Borrower/Lender Loan Documents.

Appears in 1 contract

Sources: Modification Agreement (Mothers Work Inc)

Integration; Amendment; Waivers. This Agreement, the Fifth Amendment, Agreement and the Loan Documents, and the other written agreements, instruments and documents entered into in connection therewith (collectively, the "Borrower/Lender Documents") Documents set forth in full the are terms of agreement among between the parties and are intended as the full, complete and exclusive contract governing the relationship among between the parties, superseding all other discussions, promises, representations, warranties, agreements and the understandings between the parties with respect thereto. No term of the Borrower/Lender Loan Documents may be modified or amended, nor may any rights thereunder be waived, except in a writing signed by the party against whom enforcement of the modification, amendment or waiver is sought. Any waiver of any condition in, or breach of, any of the foregoing in a particular instance shall not operate as a waiver of other or subsequent conditions or breaches of the same or a different kind. Lender's The exercise or failure to exercise any rights under any of the foregoing in a particular instance by the Agent or the Lenders shall not operate as a waiver of its their right to exercise the same or different rights in subsequent instances. Except as expressly provided to the contrary in this Agreement, or in another written agreement between the partiesagreement, all the terms, conditions conditions, and provisions of the Borrower/Lender Loan Documents shall continue in full force and effect. With respect to any If in this Agreement's description herein of an agreement between the parties, rights and remedies of Lender Agent or Liabilities Lenders, or obligations of the Borrowers Borrower, are described which also exist under the terms of the other Borrower/Lender Loan Documents, the fact that this Agreement may omit or contain a different briefer description of any rights, remedies and Liabilities obligations shall not be deemed to limit any of such rights, remedies and Liabilities obligations contained in the other Borrower/Lender Loan Documents.

Appears in 1 contract

Sources: Modification Agreement (Roberds Inc)