Common use of No Novation or Waiver Clause in Contracts

No Novation or Waiver. Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender under the Credit Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 7 contracts

Samples: Credit Agreement (Sothebys), Credit Agreement (Sothebys), Credit Agreement (Sothebys)

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No Novation or Waiver. Except as specifically set forth in this Amendment, Amendment the execution, delivery and effectiveness of this Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any the Lender under the Credit Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 4 contracts

Samples: Credit Agreement (Avondale Inc), Credit Agreement (Avondale Inc), Credit Agreement (Avondale Inc)

No Novation or Waiver. Except as specifically set forth in this First Amendment, the execution, delivery and effectiveness of this First Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender Lenders under the Credit Loan Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Loan Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Loan Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 3 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Hercules Technology Growth Capital Inc)

No Novation or Waiver. Except as specifically set forth in this Third Amendment, the execution, delivery and effectiveness of this Third Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender Lenders under the Credit Loan Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Loan Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Loan Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hercules Technology Growth Capital Inc), Loan and Security Agreement (Horizon Technology Finance Corp)

No Novation or Waiver. Except as specifically set forth in this AmendmentConditional Waiver, the execution, delivery and effectiveness of this Amendment Conditional Waiver shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender under the Credit Loan Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Loan Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Loan Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 2 contracts

Samples: Conditional Waiver Agreement Regarding Event of Default (Firstcity Financial Corp), Conditional Waiver Agreement Regarding Event of Default (Firstcity Financial Corp)

No Novation or Waiver. Except as specifically set forth in this Fifth Amendment, the execution, delivery and effectiveness of this Fifth Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender Lenders under the Credit Loan Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Loan Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Loan Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Hercules Capital, Inc.), Loan and Security Agreement (Hercules Technology Growth Capital Inc)

No Novation or Waiver. Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not (a1) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Administrative Agent or any Lender under the Credit Agreement or any other Loan Document, (b2) constitute a waiver of any provision in the Credit Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing or (c3) except as expressly provided herein, alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 2 contracts

Samples: Credit Agreement (Express Parent LLC), Credit Agreement (Express Parent LLC)

No Novation or Waiver. Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not (a1) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender under the Credit Agreement or any other Loan Document, (b2) constitute a waiver of any provision in the Credit Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing or (c3) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.. ******

Appears in 2 contracts

Samples: www.sec.gov, Credit Agreement (Blockbuster Inc)

No Novation or Waiver. Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender under the Credit Security Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Security Agreement or in any of the other Loan Documents or of any Default “Default” or Event of Default Default” under the Credit Agreement that may have occurred and be continuing or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Security Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 1 contract

Samples: Credit Agreement (Sothebys)

No Novation or Waiver. Except as specifically set forth in this Second Amendment, the execution, delivery and effectiveness of this Second Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender Lenders under the Credit Loan Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Loan Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Loan Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.. EXECUTION VERSION

Appears in 1 contract

Samples: Loan and Security Agreement (Hercules Capital, Inc.)

No Novation or Waiver. Except as specifically set forth in this Seventh Amendment, the execution, delivery and effectiveness of this Seventh Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender Lenders under the Credit Loan Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Loan Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Loan Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Hercules Technology Growth Capital Inc)

No Novation or Waiver. Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender under the Credit Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 1 contract

Samples: Credit Agreement (Sothebys Holdings Inc)

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No Novation or Waiver. Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the any Agent or any Lender under the either Credit Agreement or any other Loan Document, (b) constitute a waiver of any provision in the either Credit Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the either Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 1 contract

Samples: Auction Credit Agreement (Sothebys)

No Novation or Waiver. Except as specifically set forth in this Second Amendment, the execution, delivery and effectiveness of this Second Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender Lenders under the Credit Loan Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Loan Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Loan Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 1 contract

Samples: Loan and Security Agreement (Hercules Technology Growth Capital Inc)

No Novation or Waiver. Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender under each of the Credit Agreement Affected Agreements or any other Loan Document, (b) constitute a waiver of any provision in each of the Credit Agreement Affected Agreements or in any of the other Loan Documents or of any Default “Default” or Event of Default Default” under the Credit Agreement that may have occurred and be continuing or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in each of the Credit Agreement Affected Agreements or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 1 contract

Samples: Credit Agreement (Sothebys)

No Novation or Waiver. Except as specifically set forth in this Amendment, Consent the execution, delivery and effectiveness of this Amendment Consent shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any the Lender under the Credit Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 1 contract

Samples: Avondale Inc

No Novation or Waiver. Except as specifically set forth in this Amendment, the execution, delivery and effectiveness of this Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, Agent, the Agent Fronting Lender or any Lender under the Credit Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 1 contract

Samples: Credit Agreement (Sothebys Holdings Inc)

No Novation or Waiver. Except as specifically set forth in this AmendmentConditional Waiver, the execution, delivery and effectiveness of this Amendment Conditional Waiver shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any of Lender under the Credit Loan Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Loan Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Loan Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 1 contract

Samples: Conditional Waiver Under Loan Agreement (Firstcity Financial Corp)

No Novation or Waiver. Except as specifically set forth in this First Amendment, the execution, delivery and effectiveness of this First Amendment shall not (a) limit, impair, constitute a waiver by, or otherwise affect any right, power or remedy of, the Agent or any Lender under the Credit Agreement or any other Loan Document, (b) constitute a waiver of any provision in the Credit Agreement or in any of the other Loan Documents or of any Default or Event of Default that may have occurred and be continuing continuing, or (c) alter, modify, amend or in any way affect any of the terms, conditions, obligations, covenants or agreements contained in the Credit Agreement or in any of the other Loan Documents, all of which are ratified and affirmed in all respects and shall continue in full force and effect.

Appears in 1 contract

Samples: Credit Agreement (Great American Group, Inc.)

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