No Consent or Waiver. Nothing contained herein shall be construed as a consent or waiver by Agent or any Lender of any covenant or provision of the Loan Agreement, the other Loan Documents, this Amendment or any other contract or instrument among Borrower, Agent or any Lender, and the failure of Agent or any Lender at any time or times hereafter to require strict performance by Borrower of any provision thereof shall not waive, affect or diminish any right of Agent or any Lender to thereafter demand strict compliance therewith.
No Consent or Waiver. 4.01 Nothing contained herein shall be construed as a consent or waiver by Administrative Agent of any covenant or provision of the Agreement, the other Transaction Documents, this Amendment or any other contract or instrument among Borrower, any of the other parties to the Transaction Documents and Administrative Agent or any Lender, and the failure of Administrative Agent or any Lender at any time or times hereafter to require strict performance by Borrower or any other party to the Transaction Documents of any provision thereof shall not waive, affect or diminish any right of Administrative Agent or any Lender to thereafter demand strict compliance therewith.
No Consent or Waiver. Nothing in this Third Amendment Agreement nor any communication between the Administrative Agent, any Lender, any Group Member or any of their respective officers, agents, employees or representatives shall be deemed to constitute a waiver of: (a) any Default or Event of Default, including, without limitation, an Default or Event of Default arising as a result of the foregoing representation proving to be false or incorrect; or (b) any rights or remedies which the Administrative Agent or any Lender has against any Group Members under the Credit Agreement or any other Loan Document and/or applicable law, with respect to any such Default or Event of Default.
No Consent or Waiver. For the avoidance of doubt, in no way shall the determination by the Investor of any offer or right of participation in any Debt or Royalty Financing, or the Investor’s rejection or acceptance of the same, constitute a consent by the Investor to the entry into such financing by the Company under or in connection with the Credit Agreement (or any successor agreement thereto or any other financing arrangement involving the Investor and the Company), which consent shall, if required under the Credit Agreement (or any successor agreement thereto or any other financing arrangement involving the Investor and the Company), require a separate process between the Company and the Investor pursuant to the terms thereof, including in respect of any subordination, postponement, priority or inter-creditor terms that may be required with any other Person.
No Consent or Waiver. Neither the execution by the Administrative Agent or the Lenders of this Fifth Amendment, nor any other act or omission by the Administrative Agent or the Lenders or their officers in connection herewith, shall be deemed a consent or waiver by the Administrative Agent or the Lenders of (a) any Defaults which may exist or which may occur in the future under the Credit Agreement or the other Loan Documents (other than the existing Defaults specified in Section 5.4 of this Fifth Amendment) or (b) any future Defaults of the same provision waived or consented to hereunder (collectively, “Other Violations”). Similarly, nothing contained in this Fifth Amendment shall directly or indirectly in any way whatsoever either: (z) impair, prejudice or otherwise adversely affect the Administrative Agent’s or the Lenders’ right at any time to exercise any right, privilege or remedy in connection with the Loan Documents with respect to any Other Violations, (y) amend or alter any provision of the Credit Agreement, the other Loan Documents, or any other contract or instrument, or (x) constitute any course of dealing or other basis for altering any obligation of the Borrower or any right, privilege or remedy of the Administrative Agent or the Lenders under the Credit Agreement, the other Loan Documents, or any other contract or instrument. Nothing in this Fifth Amendment shall be construed to be a consent or waiver by the Administrative Agent or the Lenders to any Other Violations.
No Consent or Waiver. Except as expressly provided for herein, this Amendment shall not constitute a consent to any action or transaction or a waiver or modification of any provision, term or condition of any of the Agreement.
No Consent or Waiver. Consent by the GJRAA to one (1) sublease or assignment shall not be construed as consent or waiver of the GJRAA’s right to object to any subsequent sublease or assignment. Acceptance by the GJRAA of rent from any subLessee or assignee shall not be construed to be a waiver of the right of the GJRAA to void any sublease or assignment.
No Consent or Waiver. Nothing contained in this Amendment shall be construed as a waiver by Agent or Lenders of any covenant or provision of the Credit Agreement (as amended hereby), the Other Documents, or of any other contract or instrument between any Loan Party and Agent or Lenders, and the failure of Agent or Lenders at any time or times hereafter to require strict performance by Loan Parties of any provision thereof shall not waive, affect or diminish any right of Agent to thereafter demand strict compliance therewith. Agent and Lenders hereby reserve all rights granted under the Credit Agreement, the Other Documents, this Amendment and any other contract or instrument between any of them. This Amendment is not a novation, release, or discharge of any Obligation under the Credit Agreement.
No Consent or Waiver. No consent or waiver, express or implied, by either party hereto or of any breach or default by the other party in the performance by the other of its obligations hereunder shall be valid unless in writing, and no such consent or waiver shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations of such party hereunder. Failure on the part of either party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of how long such failure continues shall not constitute a waiver by such party of its rights hereunder. The granting of any consent or approval in any one instance by or on behalf of Owner shall not be construed to waive or limit the need for such consent in any other or subsequent instance.
No Consent or Waiver. No consent or waiver expressed or implied by the Lessor to or of any breach in the performance or observance by the Lessee shall be construed as a consent or waiver to or of any other breach in the performance or observance by the Lessee of the same or any other covenant, agreement, condition or duty. And no receipt or acceptance by the Lessor of any rent payment with knowledge of any such breach shall be deemed a waiver thereof (except when the payment is in compliance with a demand of the Lessor), nor shall any acceptance of rent in a lesser amount than is herein provided for, regardless of any endorsement on any check or any statement in any letter accompanying the payment of rent, operate or be construed as an accord and satisfaction or in any manner other than as payment on account of the earliest rent then unpaid by the Lessee. Acceptance by the Lessor of a check or checks drawn by others than the Lessee shall not affect the Lessee's liability hereunder in any manner, nor shall it be deemed an approval of any assignment of this Lease by the Lessee.
