Common use of Waiver by Lenders Clause in Contracts

Waiver by Lenders. Any Lender’s failure, at any time or times hereafter, to require strict performance by the Borrowers of any provision of this Agreement or any of the other Loan Documents shall not waive, affect or diminish any right of any Lender thereafter to demand strict performance therewith. Any suspension or waiver by the Lenders of an Event of Default by the Borrowers under the Loan Documents shall not suspend, waive or affect any other Event of Default by the Borrowers under the 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 the Borrowers contained in the Loan Documents and no Event of Default by the Borrowers under the Loan Documents shall be deemed to have been suspended or waived by the Lenders unless such suspension or waiver is by an instrument in writing signed by all Lenders and identifies the matter waived or suspended. Any consent or approval by the Lenders pursuant to this Agreement is not a waiver by the Lenders of, or an admission by the Lenders of the truth of, any Borrower’s representations and warranties in this Agreement.

Appears in 3 contracts

Samples: Loan and Security Agreement (DriveTime Automotive, Inc.), Loan and Security Agreement (DT Acceptance Corp), Loan and Security Agreement (DT Credit Company, LLC)

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Waiver by Lenders. Any failure by any Lender or any Person acting on behalf of any Lender’s failure, at any time or times hereafter, to require strict performance by the Borrowers Guarantors of any provision of this Agreement or any of the other Loan Documents shall not waive, affect or diminish any right of any Lender or such Person thereafter to demand strict performance therewith. Any suspension or waiver by the Lenders of an Event of Default by the Borrowers Guarantors under the Loan Documents shall not suspend, waive or affect any other Event of Default by the Borrowers Guarantors under the 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 the Borrowers Guarantors contained in the Loan Documents and no Event of Default by the Borrowers Guarantors under the Loan Documents shall be deemed to have been suspended or waived by the Lenders or any other Person acting on Lenders’ behalf unless such suspension or waiver is by an instrument in writing signed by all the Required Lenders or Unanimous Lenders, as applicable, and identifies the matter waived or suspended. Any consent or approval by the Lenders pursuant to this Agreement is not a waiver by the Lenders of, or an admission by the Lenders of the truth of, any BorrowerGuarantor’s representations and warranties in this Agreement.

Appears in 1 contract

Samples: Guaranty and Security Agreement (DT Acceptance Corp)

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Waiver by Lenders. Any failure by any Lender or any Person acting on behalf of any Lender’s failure, at any time or times hereafter, to require strict performance by the Borrowers of any provision of this Agreement or any of the other Loan Documents shall not waive, affect or diminish any right of any Lender or such Person thereafter to demand strict performance therewith. Any suspension or waiver by the Lenders of an Event of Default by the Borrowers under the Loan Documents shall not suspend, waive or affect any other Event of Default by the Borrowers under the 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 the Borrowers contained in the Loan Documents and no Event of Default by the Borrowers under the Loan Documents shall be deemed to have been suspended or waived by the Lenders or any other Person acting on Lenders’ behalf unless such suspension or waiver is by an instrument in writing signed by all the Required Lenders or the Unanimous Lenders, if required, and identifies the matter waived or suspended. Any consent or approval by the Lenders pursuant to this Agreement is not a waiver by the Lenders of, or an admission by the Lenders of the truth of, any Borrower’s representations and warranties in this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (DT Acceptance Corp)

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