Common use of No Waiver, etc Clause in Contracts

No Waiver, etc. Borrower hereby agrees that nothing --------------- herein shall constitute a waiver by the Lenders of any Default or Event of Default, whether known or unknown, which may exist under the Credit Agreement. Borrower hereby further agrees that no action, inaction or agreement by the Lenders, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Agreement which may have occurred with respect to the non-performance of any obligation under the terms of the Credit Agreement or any portion thereof, or any other matter relating to the Credit Agreement, shall require or imply any future indulgence, waiver, or agreement by the Lenders.

Appears in 4 contracts

Samples: Credit Agreement (National Data Corp), Credit Agreement (National Data Corp), Credit Agreement (Global Payments Inc)

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No Waiver, etc. Borrower hereby agrees that nothing --------------- herein shall constitute a waiver by the Lenders of any Default or Event of Default, whether known or unknown, which may exist under the Credit Agreement. Borrower hereby further agrees that no action, inaction or agreement by the Lenders, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Agreement which may have occurred with respect to the non-performance payment of any obligation under during the terms of the Credit Agreement or any portion thereof, or any other matter relating to the Credit Agreement, shall require or imply any future indulgence, waiver, or agreement by the Lenders. In addition, Borrower acknowledges and agrees that it has no knowledge of any defenses, counterclaims, offsets or objections in its favor against any Lender with regard to any of the obligations due under the terms of the Credit Agreement as of the date of this Amendment.

Appears in 4 contracts

Samples: Credit Agreement (Aaron Rents Inc), Credit Agreement (Ruby Tuesday Inc), Credit Agreement (Ruby Tuesday Inc)

No Waiver, etc. The Borrower hereby agrees that nothing --------------- herein shall constitute a waiver by the Lenders of any Default or Event of Default, whether known or unknown, which may exist under the Credit Loan Agreement. The Borrower hereby further agrees that no action, inaction or agreement by the Lenders, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Loan Agreement which may have occurred with respect to the non-performance payment of any obligation under during the terms of the Credit Loan Agreement or any portion thereof, ; or any other matter relating to the Credit Loan Documents (as defined in the Loan Agreement, ) shall require or imply any future indulgence, waiver, or agreement by the Lenders. In addition, the Borrower acknowledges and agrees that it has no knowledge of any defenses, counterclaims, offsets or objections in its favor against any Lender with regard to any of the obligations due under the terms of the Loan Agreement as of the date of this Second Amendment.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Ruby Tuesday Inc)

No Waiver, etc. Borrower The Company hereby agrees that except as expressly set forth in Section 2 above, nothing --------------- herein shall constitute a waiver by the Lenders of any Default or Event of Default, whether known or unknown, which may exist under the Credit Agreement. Borrower The Company hereby further agrees that no action, inaction or agreement by the Lenders, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Agreement which may have occurred with respect to the non-performance payment of any obligation under during the terms term of the Credit Agreement or any portion thereof, or any other matter relating to the Credit Agreement, shall require or imply any future indulgence, waiver, or agreement by the Lenders. In addition, the Company acknowledges and agrees that it has no knowledge of any defenses, counterclaims, offsets or objections in its favor against any Lender with regard to any of the obligations due under the terms of the Credit Agreement as of the date of this Amendment.

Appears in 1 contract

Samples: Revolving Credit Agreement (Nuco2 Inc /Fl)

No Waiver, etc. Borrower hereby agrees that nothing --------------- herein shall constitute a waiver by the Lenders of any Default or Event of Default, whether known or unknown, which may exist under the Credit Agreement. Borrower hereby further agrees that no action, inaction or agreement by the Lenders, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Agreement which may have occurred with respect to the non-performance non- payment of any obligation under during the terms of the Credit Agreement or any portion thereof, or any other matter relating to the Credit Agreement, shall require or imply any future indulgence, waiver, or agreement by the Lenders. In addition, Borrower acknowledges and agrees that it has no knowledge of any defenses, counterclaims, offsets or objections in its favor against any Lender with regard to any of the obligations due under the terms of the Credit Agreement as of the date of this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Morrison Health Care Inc)

No Waiver, etc. The Borrower hereby agrees that nothing --------------- herein shall constitute a waiver by the Lenders of any Default or Event of Default, whether known or unknown, which may exist under the Credit Loan Agreement. The Borrower hereby further agrees that no action, inaction or agreement by the Lenders, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Loan Agreement which may have occurred with respect to the non-performance payment of any obligation under during the terms of the Credit Loan Agreement or any portion thereof, ; or any other matter relating to the Credit Loan Documents (as defined in the Loan Agreement, ) shall require or imply any future indulgence, waiver, or agreement by the Lenders. In addition, the Borrower acknowledges and agrees that it has no knowledge of any defenses, counterclaims, offsets or objections in its favor against any Lender with regard to any of the obligations due under the terms of the Loan Agreement as of the date of this Third Amendment.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Ruby Tuesday Inc)

No Waiver, etc. Borrower The Borrowers hereby agrees agree that nothing --------------- herein shall constitute a waiver by the Lenders of any Default or Event of Default, whether known or unknown, which may exist under the Credit Agreement. Borrower The Borrowers hereby further agrees agree that no action, inaction or agreement by the Lenders, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Agreement which may have occurred with respect to the non-performance payment of any obligation under the terms of the Credit Agreement or any portion thereof, or any other matter relating to the Credit Agreement, shall require or imply any future indulgence, waiver, or agreement by the Lenders. In addition, the Borrowers acknowledge and agree that they have no knowledge of any defenses, counterclaims, offsets or objections against any Lender with regard to any of the obligations due under the terms of the Credit Agreement as of the date of this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Dyersburg Corp)

No Waiver, etc. Borrower The Borrowers hereby agrees that agree that, except as otherwise expressly provided in Section 1 hereof, nothing --------------- herein shall constitute a waiver by the Lenders of any Default or Event of Default, whether known or unknown, which may exist under the Credit Agreement. Borrower The Borrowers hereby further agrees agree that no action, inaction or agreement by the Lenders, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Agreement which may have occurred with respect to the non-performance payment of any obligation under the terms of the Credit Agreement or any portion thereof, or any other matter relating to the Credit Agreement, shall require or imply any future indulgence, waiver, or agreement by the Lenders. In addition, the Borrowers acknowledge and agree that they have no knowledge of any defenses, counterclaims, offsets or objections against any Lender with regard to any of the obligations due under the terms of the Credit Agreement as of the date of this Agreement.

Appears in 1 contract

Samples: Second Waiver Extension Agreement (Dyersburg Corp)

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No Waiver, etc. Borrower The Borrowers hereby agrees that agree that, except as otherwise expressly provided in Section 2 hereof, nothing --------------- herein shall constitute a waiver by the Lenders of any Default or Event of Default, whether known or unknown, which may exist under the Credit Agreement. Borrower The Borrowers hereby further agrees agree that no action, inaction or agreement by the Lenders, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Agreement which may have occurred with respect to the non-performance payment of any obligation under the terms of the Credit Agreement or any portion thereof, or any other matter relating to the Credit Agreement, shall require or imply any future indulgence, waiver, or agreement by the Lenders. In addition, the Borrowers acknowledge and agree that they have no knowledge of any defenses, counterclaims, offsets or objections against any Lender with regard to any of the obligations due under the terms of the Credit Agreement as of the date of this Amendment.

Appears in 1 contract

Samples: Credit Agreement and Waiver (Dyersburg Corp)

No Waiver, etc. Borrower The Borrowers hereby agrees that agree that, except as otherwise expressly provided in Section 2 hereof, nothing --------------- herein shall constitute a waiver by the Lenders of any Default or Event of Default, whether known or unknown, which may exist under the Credit Agreement. Borrower The Borrowers hereby further agrees agree that no action, inaction or agreement by the Lenders, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Agreement which may have occurred with respect to the non-performance payment of any obligation under the terms of the Credit Agreement or any portion thereof, or any other matter relating to the Credit Agreement, shall require or imply any future indulgence, waiver, or agreement by the Lenders. In addition, the Borrowers acknowledge and agree that they have no knowledge of any defenses, counterclaims, offsets or objections against any Lender with regard to any of the obligations due under the terms of the Credit Agreement as of the date of this Agreement.

Appears in 1 contract

Samples: Credit Agreement and Waiver Extension Agreement (Dyersburg Corp)

No Waiver, etc. Borrower hereby agrees that except as expressly set forth in Section 2 above, nothing --------------- herein shall constitute a waiver by the Lenders Lender of any Default or Event of Default, whether known or unknown, which may exist under the Credit Agreement. Borrower hereby further agrees that no action, inaction or agreement by the LendersLender, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Agreement which may have occurred with respect to the non-performance payment of any obligation under during the terms of the Credit Agreement or any portion thereof, or any other matter relating to the Credit Agreement, shall require or imply any future indulgence, waiver, or agreement by the LendersLender. In addition, Borrower acknowledges and agrees that it has no knowledge of any defenses, counterclaims, offsets or objections in its favor against the Lender with regard to any of the obligations due under the terms of the Credit Agreement as of the date of this Amendment.

Appears in 1 contract

Samples: Credit Agreement (Morrisons Fresh Cooking Inc /Ga)

No Waiver, etc. The Borrower hereby agrees that nothing --------------- herein shall constitute a waiver by the Lenders of any Default or Event of Default, whether known or unknown, which may exist under the Credit Loan Agreement. The Borrower hereby further agrees that no action, inaction or agreement by the Lenders, including without limitation, any indulgence, waiver, consent or agreement altering the provisions of the Credit Loan Agreement which may have occurred with respect to the non-performance payment of any obligation under during the terms of the Credit Loan Agreement or any portion thereof, ; or any other matter relating to the Credit Loan Documents (as defined in the Loan Agreement, ) shall require or imply any future indulgence, waiver, or agreement by the Lenders. In addition, the Borrower acknowledges and agrees that it has no knowledge of any defenses, counterclaims, offsets or objections in its favor against any Lender with regard to any of the obligations due under the terms of the Loan Agreement as of the date of this First Amendment.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Ruby Tuesday Inc)

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