Common use of No Waiver, etc Clause in Contracts

No Waiver, etc. Except as otherwise expressly set forth herein, nothing in this Amendment is intended or shall be deemed or construed to extend to or affect in any way any of the Obligations or any of the rights and remedies of the Agent or any Lender arising under the Credit Agreement, any of the other Loan Documents or applicable law. The failure of the Agent or any Lender at any time or times hereafter to require strict performance by any Credit Party or any other Person obligated under any Loan Document of any of the respective provisions, warranties, terms and conditions contained herein or therein shall not waive, affect or diminish any right of such Person at any time or times thereafter to demand strict performance thereof; and no rights of the Agent or any Lender hereunder shall be deemed to have been waived by any act or knowledge of such Person, or any of its agents, attorneys, officers or employees, unless such waiver is contained in an instrument in writing signed by an authorized officer of such Person and specifying such waiver. Except as otherwise expressly set forth herein, no waiver by the Agent or any Lender of any of its rights or remedies shall operate as a waiver of any other of its rights or remedies or any of its rights or remedies on a future occasion at any time and from time to time. All terms and provisions of the Credit Agreement and each of the other Loan Documents remain in full force and effect, except to the extent expressly modified by this Amendment.

Appears in 10 contracts

Samples: Credit Agreement (Zoe's Kitchen, Inc.), Credit Agreement (Zoe's Kitchen, Inc.), Credit Agreement (Zoe's Kitchen, Inc.)

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No Waiver, etc. Except as otherwise expressly set forth herein, nothing in this Amendment Agreement is intended or shall be deemed or construed to extend to or affect in any way any of the Obligations or any of the rights and remedies of the any Agent or any Lender arising under the Credit Agreement, any of the other Loan Credit Documents or applicable law. The failure of the any Agent or any Lender at any time or times hereafter to require strict performance by any Credit Party or any other Person obligated under any Loan Credit Document of any of the respective provisions, warranties, terms and conditions contained herein or therein shall not waive, affect or diminish any right of such Person at any time or times thereafter to demand strict performance thereof; and no rights of the any Agent or any Lender hereunder shall be deemed to have been waived by any act or knowledge of such Person, or any of its agents, attorneys, officers or employees, unless such waiver is contained in an instrument in writing signed by an authorized officer of such Person and specifying such waiver. Except as otherwise expressly set forth herein, no waiver by the any Agent or any Lender of any of its rights or remedies shall operate as a waiver of any other of its rights or remedies or any of its rights or remedies on a future occasion at any time and from time to time. All terms and provisions of the Credit Agreement and each of the other Loan Credit Documents remain in full force and effect, except to the extent expressly modified by this AmendmentAgreement.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (X Rite Inc), And Guaranty Agreement (X Rite Inc), Pledge and Security Agreement (X Rite Inc)

No Waiver, etc. Except as otherwise expressly set forth herein, nothing in this Amendment Agreement is intended or shall be deemed or construed to extend to or affect in any way any of the Obligations or any of the rights and remedies of the any Agent or any Lender arising under the Credit Agreement, any of the other Loan Credit Documents or applicable law. The failure of the any Agent or any Lender at any time or times hereafter to require strict performance by any Credit Party or any other Person obligated under any Loan Credit Document of any of the respective provisions, warranties, terms and conditions contained herein or therein shall not waive, affect or diminish any right of such Person at any time or times thereafter to demand strict performance thereof; , and no rights of the any Agent or any Lender hereunder shall be deemed to have been waived by any act or knowledge of such Person, or any of its agents, attorneys, officers or employees, unless such waiver is contained in an instrument in writing signed by an authorized officer of such Person and specifying such waiver. Except as otherwise expressly set forth herein, no waiver by the any Agent or any Lender of any of its rights or remedies shall operate as a waiver of any other of its rights or remedies or any of its rights or remedies on a future occasion at any time and from time to time. All terms and provisions of the Credit Agreement and each of the other Loan Credit Documents remain in full force and effect, except to the extent expressly modified by this AmendmentAgreement.

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (X Rite Inc)

No Waiver, etc. Except as otherwise expressly set forth herein, nothing in this Amendment Agreement is intended or shall be deemed or construed to extend to or affect in any way any of the Obligations or any of the rights and remedies of the any Agent or any Lender arising under the Credit Agreement, any of the other Loan Credit Documents or applicable law. The failure of the any Agent or any Lender at any time or times hereafter to require strict performance by any Credit Party or any other Person obligated under any Loan Credit Document of any of the respective provisions, warranties, terms and conditions contained herein or therein shall not waive, affect Consent and Amendment No. 5 to First Lien Credit and Guaranty Agreement or diminish any right of such Person at any time or times thereafter to demand strict performance thereof; and no rights of the any Agent or any Lender hereunder shall be deemed to have been waived by any act or knowledge of such Person, or any of its agents, attorneys, officers or employees, unless such waiver is contained in an instrument in writing signed by an authorized officer of such Person and specifying such waiver. Except as otherwise expressly set forth herein, no waiver by the any Agent or any Lender of any of its rights or remedies shall operate as a waiver of any other of its rights or remedies or any of its rights or remedies on a future occasion at any time and from time to time. All terms and provisions of the Credit Agreement and each of the other Loan Credit Documents remain in full force and effect, except to the extent expressly modified by this AmendmentAgreement.

Appears in 1 contract

Samples: And Guaranty Agreement (X Rite Inc)

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No Waiver, etc. Except as otherwise expressly set forth herein, nothing in ain this Amendment Agreement is intended or shall be deemed or construed to extend to or affect in any way any of the Obligations or any of the rights and remedies of the any Agent or any Lender arising under the Credit Agreement, any of the other Loan Credit Documents or applicable law. The failure of the any Agent or any Lender at any time or times hereafter to require strict performance by any Credit Party or any other Person obligated under any Loan Credit Document of any of the respective provisions, warranties, terms and conditions contained herein or therein shall not waive, affect or diminish any right of such Person at any time or times thereafter to demand strict performance thereof; and no rights of the any Agent or any Lender hereunder shall be deemed to have been waived by any act or knowledge of such Person, or any of its agents, attorneys, officers or employees, unless such waiver is contained in an instrument in writing signed by an authorized officer of such Person and specifying such waiver. Except as otherwise expressly set forth herein, no waiver by the any Agent or any Lender of any of its rights or remedies shall operate as a waiver of any other of its rights or remedies or any of its rights or remedies on a future occasion at any time and from time to time. All terms and provisions of the Credit Agreement and each of the other Loan Credit Documents remain in full force and effect, except to the extent expressly modified by this AmendmentAgreement.

Appears in 1 contract

Samples: And Guaranty Agreement (X Rite Inc)

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