No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Agreement shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by Lender, nor any course of dealing between Lender and Borrower, or between Lender and any Grantor, shall constitute a waiver of any of Lender's rights or of any of Borrower's or any Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Agreement, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender.
No Waiver by Lender. Your course of dealing, or your forbearance from, or delay in, the exercise of any of your rights, remedies, privileges or right to insist upon my strict performance of any provisions contained in the Debt instruments, shall not be construed as a waiver by you, unless any such waiver is in writing and is signed by you.
No Waiver by Lender. Lender shall not, by any act, delay, omission or otherwise be deemed to have expressly or impliedly waived any of its rights or remedies unless such waiver shall be in writing and signed by an authorized officer of Lender. A waiver by Lender of any right or remedy on any one occasion shall not be construed as a bar to or waiver of any such right or remedy which Lender would otherwise have on any future occasion, whether similar in kind or otherwise.
No Waiver by Lender. Lender's failure, at any time or times, to require strict performance by Borrower of any provision of this Agreement any of the other Loan Documents shall not waive, affect or diminish any right of Lender thereafter to demand strict compliance and performance therewith. Any suspension or waiver by Lender of an Event of Default by Borrower under the Loan Documents shall not suspend, waive or affect any other Event of Default by Borrower under this Agreement and any of the other Loan Documents whether the same is prior or subsequent thereto and whether of the same or of a different type. None of the undertakings, agreements, warranties, covenants and representations of Borrower contained in this Agreement or any of the other Loan Documents and no Event of Default by Borrower under this Agreement and no defaults by Borrower under any of the other Loan Documents shall be deemed to have been suspended or waived by Lender, unless such suspension or waiver is by an instrument in writing signed by an officer of Lender and directed to Borrower specifying such suspension or waiver.
No Waiver by Lender. Nothing contained herein shall be deemed a waiver of any of Lender’s rights or remedies under any security instrument, the Note or any of the other Loan Documents.
No Waiver by Lender. No waiver by the Lender of any of its rights or remedies in connection with the Obligations or of any of the terms or conditions of the Loan Documents shall be effective unless such waiver is in writing and signed by the Lender.
No Waiver by Lender. By exercising or failing to exercise any of its rights, options or elections hereunder, Lender shall not be deemed to have waived any breach or default on the part of Borrower or to have released Borrower from any of the obligations secured hereby, unless such waiver or release is in writing and is signed by Lender. In addition, the waiver by Lender of any breach hereof for default in payment of an indebtedness secured hereby shall not be deemed to constitute a waiver of any succeeding breach or default.
No Waiver by Lender. Lender may exercise any right under this Mortgage or under any law, even if Lender has delayed in exercising that right or has agreed in an earlier instance not to exercise that right. Lender does not waive its right to declare that I am in default by making payments or incurring expenses on my behalf.
No Waiver by Lender. No waiver by Lender of any right or remedy provided by the Loan Documents or Governmental Requirements shall be effective unless such waiver is in writing and signed by authorized officer(s) of Lender. Waiver by Lender of any right or remedy granted to Lender under the Loan Documents or Governmental Requirements as to any transaction or occurrence shall not be deemed a waiver of any future transaction or occurrence. The acceptance of payment of any sum secured by the Collateral after its due date, or the payment by Lender of any Indebtedness or the performance by Lender of any Secured Obligations of a Loan Party, on a Loan Party’s failure to do so, or the addition of any payment so made by Lender to the Secured Obligations, or the exercise of Lender’s right to enter the Real Property Collateral and receive and collect the rents from it, or the assertion by Lender of any other right or remedy under the Loan Documents, shall not constitute a waiver of Lender’s right to require prompt performance of all other Secured Obligations of the Loan Parties under the Loan Documents and payment of the Liabilities, or to exercise any other right or remedy under the Loan Documents for any failure by a Loan Party to timely and fully pay the Labilities and perform its Secured Obligations under the Loan Documents. Lender may waive any right or remedy under the Loan Documents or Governmental Requirements without notice to or consent from any Loan Party or any holder or claimant of a lien or other interest in the Collateral that is junior to the lien of Lender, and without incurring liability to any Loan Party or any other Person by so doing.
No Waiver by Lender. The Borrower and each Guarantor acknowledges that ------------------- (a) by the execution by each of this Agreement, the Lender is not waiving any Default, whether now existing or hereafter occurring, disclosed or undisclosed, by the Borrower under the Loan Documents and (b) the Lender reserves all rights and remedies available to it under the Loan Documents and otherwise. The parties have executed this Agreement as of the date first above written. Borrower: -------- XXXXXX SERVICE GROUP, INC. By /s/ Xxxxxxx X. Xxxxxxxxxx ------------------------- Xxxxxxx X. Xxxxxxxxxx Title: SeniorVice President - Finance Parent: XXXXXX INTERNATIONAL, INC. By /s/ Xxxxxxx X. Xxxxxxxxxx ------------------------- Xxxxxxx X. Xxxxxxxxxx Title: Senior Vice President - Finance Subsidiaries: ------------ XXXXXX TECHNOLOGY SOLUTIONS, INC. By /s/ Xxxxxxx X. Xxxxxxxxxx ------------------------- Name: Xxxxxxx X. Xxxxxxxxxx Title: Senior Vice President and Chief Financial Officer XXXXXX TELECOM, INC. By /s/ Xxxxxxx X. Xxxxxxxxxx ------------------------- Name: Xxxxxxx X. Xxxxxxxxxx Title: Senior Vice President and Chief Financial Officer XXXXXX SERVICES, INC. By /s/ Xxxxxxx X. Xxxxxxxxxx -------------------------- Name: Xxxxxxx X. Xxxxxxxxxx Title: Senior Vice President and Chief Financial Officer XXXXXX UTILITY SERVICE, INC. By /s/ Xxxxxxx X. Xxxxxxxxxx ------------------------- Name: Xxxxxxx X. Xxxxxxxxxx Title: Senior Vice President and Chief Financial Officer Lender: GENERAL ELECTRIC CAPITAL CORPORATION By /s/ Xxxxxx Xxxxxxxxx -------------------- Name: Xxxxxx Xxxxxxxxx Title: Duly Authorized Signatory
