Common use of Waiver; Amendments Clause in Contracts

Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower and Lender, will operate as a waiver, nor will any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower therefrom will in any event be effective unless the same is permitted by paragraph (b) of this Section, and then such waiver or consent will be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will not be construed as a waiver of any Default or Event of Default, regardless of whether Lender had notice or knowledge of such Default or Event of Default at the time.

Appears in 6 contracts

Samples: Credit Agreement (East Kansas Agri Energy LLC), Credit Agreement (Golden Grain Energy), Master Credit Agreement (Advanced BioEnergy, LLC)

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Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 6 contracts

Samples: Credit Agreement (Patriot Transportation Holding, Inc.), Credit Agreement (FRP Holdings, Inc.), Term Loan and Security Agreement (Cascade Corp)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Revolving Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Greene County Bancshares Inc), 364 Day Revolving Credit Agreement (BNC Bancorp), Revolving Credit Agreement (NBC Capital Corp)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 3 contracts

Samples: Revolving Credit Loan Agreement (Central Freight Lines Inc), Loan Agreement (Pam Transportation Services Inc), Revolving Credit Loan Agreement (Central Freight Lines Inc/Tx)

Waiver; Amendments. (a) No failure or delay by Lender Xxxxxx in exercising any right or power hereunder or under any other Loan Document, and no course of dealing between Borrower any Loan Party and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder Xxxxxx xxxxxxxxx and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by lawLaw. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower any Loan Party therefrom will shall in any event be effective unless the same is shall be permitted by paragraph clause (b) of this SectionSection 10.2, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 3 contracts

Samples: Credit Agreement (HCI Group, Inc.), Amended and Restated Credit Agreement (HCI Group, Inc.), Credit Agreement (HCI Group, Inc.)

Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 2 contracts

Samples: Credit Agreement (Great Plains Ethanol LLC), Credit Agreement (Golden Grain Energy)

Waiver; Amendments. (a) No a)No failure or delay by Lender Xxxxxx in exercising any right or power hereunder or under any other Loan Document, and no course of dealing between Borrower and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder Xxxxxx xxxxxxxxx and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by lawApplicable Law. No waiver of any provision of this Agreement or of any other Loan Document or consent to any departure by Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph subsection (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will any advance under the Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender Xxxxxx may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 2 contracts

Samples: Term Loan Agreement, Construction Loan Agreement

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and Lender, will the Lender shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise exer­cise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will any Revolving Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 2 contracts

Samples: Credit Agreement (United Community Banks Inc), Credit Agreement (United Community Banks Inc)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will the Loans and the allowance of any Borrowings shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 2 contracts

Samples: Loan Agreement (Smartfinancial Inc.), Loan Agreement (Smartfinancial Inc.)

Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower the Loan Parties and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower the Loan Parties therefrom will shall in any event be effective unless the same is shall be permitted by paragraph subparagraph (b) of this SectionSection 9.02, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will advance under the Credit Facilities shall not be construed as a waiver of any Default Condition or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default Condition or Event of Default at the time.

Appears in 2 contracts

Samples: Credit Agreement (Superior Uniform Group Inc), Credit Agreement (Superior Uniform Group Inc)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will the Term Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Term Loan Agreement (BNC Bancorp)

Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower and Lender, will operate shall oper­ate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise exer­cise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive exclu­sive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Credit Agreement (Western Plains Energy LLC)

Waiver; Amendments. (a) No delay or failure or delay by Lender either party in exercising any right right, power or power privilege hereunder or under any other Loan Document, and no course of dealing between Borrower and Lender, will Document shall operate as a waiverwaiver thereof. No waiver on the part of either party of any right, nor will power or privilege hereunder shall operate as a waiver of any other right, power or privilege hereunder. No single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right right, power or power hereunder or thereunderprivilege hereunder. The rights and remedies of Lender NFF hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by lawexclusive. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower NFF therefrom will shall in any event be effective unless the same is shall be permitted by paragraph subsection (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender NFF had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Loan Agreement (TechSoup Global)

Waiver; Amendments. (a) No failure or delay by Lender the Bank in exercising any right or power hereunder or under any other Loan Letter of Credit Document, and no course of dealing between Borrower the Company and Lenderthe Bank, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender the Bank hereunder and under the other Loan Letter of Credit Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Letter of Credit Document or consent to any departure by Borrower the Company therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making issuance of an Advance will a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender the Bank may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Letter of Credit Agreement (Arkansas Best Corp /De/)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower any Loan Party and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by lawapplicable Law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower any Loan Party therefrom will shall in any event be effective unless the same is shall be permitted by paragraph clause (b) of this SectionSection 10.2, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Credit Agreement (Health Insurance Innovations, Inc.)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will operate shall oper­ate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise exer­cise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive exclu­sive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Revolving Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Revolving Credit Agreement (FNB United Corp.)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this SectionSection 9.2, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Revolving Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Loan Agreement (Southern First Bancshares Inc)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Documenthereunder, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this SectionSection 10.2, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Revolving Credit Agreement and Security Agreement (Walter Investment Management Corp)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will the Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Subordinated Term Loan Agreement (Crescent Financial Corp)

Waiver; Amendments. (a) No a)No failure or delay by Lender in exercising any right or power hereunder or under any other Loan Document, and no course of dealing between Borrower and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by lawApplicable Law. No waiver of any provision of this Agreement or of any other Loan Document or consent to any departure by Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph subsection (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will any advance under the Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Construction Loan Agreement

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will operate shall oper­ate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise exer­cise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive exclu­sive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making or continuation of an Advance will a Revolving Loan or the issuance or extension of any Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Revolving Credit Agreement (Outback Steakhouse Inc)

Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No amendment or waiver of any provision of this Agreement or any the other Loan Document or Documents, nor consent to any departure by Borrower therefrom will therefrom, shall in any event be effective unless the same is permitted shall be in writing and signed by paragraph (b) of this Section, Borrower and Lender and then such waiver or consent will shall be effective only in the specific instance and for the specific purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will advance under the Loan shall not be construed as a waiver of any Default Condition or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default Condition or Event of Default at the time.

Appears in 1 contract

Samples: Loan Agreement (Bovie Medical Corp)

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Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower the Loan Parties and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower the Loan Parties therefrom will shall in any event be effective unless the same is shall be permitted by paragraph subparagraph (b) of this SectionSection 9.02, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will advance under the Credit Facilities shall not be construed as a waiver of any Default Condition or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default Condition or Event of Default at the time. No amendment or waiver of any provision of this Agreement or the other Loan Documents, nor consent to any departure by the Loan Parties therefrom, shall in any event be effective unless the same shall be in writing and signed by the Loan Parties and Lender and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 1 contract

Samples: Credit Agreement (Superior Uniform Group Inc)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or under any other Loan Document, and no course of dealing between the Borrower and the Lender, will operate shall oper-ate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise exer-cise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive exclu-sive of any rights or remedies provided by law. No waiver of any provision of this Agreement or of any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph subsection (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Revolving Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Revolving Credit Agreement (Atlantic American Corp)

Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or under any other Loan Document, and no course of dealing between Borrower any Loan Party and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by lawLaw. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower any Loan Party therefrom will shall in any event be effective unless the same is shall be permitted by paragraph clause (b) of this SectionSection 10.2, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Credit Agreement (HCI Group, Inc.)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Revolving Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mapics Inc)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder thereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Revolving Credit Agreement (Panera Bread Co)

Waiver; Amendments. (a) No failure or delay by the Administrative Agent, the Issuing Bank or any Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunderpower. The rights and remedies of Lender the Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by lawthat they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower any Obligor therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this SectionSection 12.05, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Lender or the Issuing Bank may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Credit Agreement (Weatherford International LTD)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or under any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or of any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph subsection (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Revolving Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Revolving Credit Agreement (Atlantic American Corp)

Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. law No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Credit Agreement (East Kansas Agri Energy LLC)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Documentunder the Note, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents Note are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document the Note or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Credit Agreement (RPC Inc)

Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or under any other Loan Document, and no course of dealing between Borrower and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power power, or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by lawApplicable Law. No waiver of any provision of this Agreement or of any other Loan Document or consent to any departure by Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph subsection (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will any advance under the Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Term Loan Agreement (Hines Global Reit Ii, Inc.)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower the Loan Parties and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower the Loan Parties therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Credit Agreement (Issuer Direct Corp)

Waiver; Amendments. (a) No failure or delay by the Administrative Agent, the Issuing Bank or any Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power power, or any abandonment or discontinuance of steps to enforce such a right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunderpower. The rights and remedies of Lender the Administrative Agent, the Issuing Bank and the Lenders hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by lawthat they would otherwise have. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower either Obligor therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this SectionSection 12.05, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan or issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Administrative Agent, any Lender or the Issuing Bank may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Credit Agreement (Weatherford International LTD)

Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower among any Loan Party (or all of them) and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower Borrowers therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this SectionSection 9.2(b), and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan or the issuance of a Letter of Credit shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Revolving Credit Agreement (Danimer Scientific, Inc.)

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