Waiver; Forbearance. Any waiver or forbearance or delay on the part of CFIL to insist upon the performance of any terms and conditions of this agreement, or to exercise any right or privilege conferred in this Agreement, or to demand any penalties resulting from any breach of any of the terms or conditions of this Agreement shall not be construed as a waiver on the part of CFIL of any of the terms or conditions of this Agreement or of any of its rights or privileges or of any other default on the part of the Borrower, and all original rights and powers of CFIL under this Agreement will remain in full force, notwithstanding any such forbearance or delay.
Waiver; Forbearance. No waiver of: (i) any breach of any term, provision or agreement; (ii) the performance of any act or obligation under this Agreement; and/or (iii) any right granted under this Agreement, shall be effective and binding unless such waiver shall be in a written instrument or instruments signed by each party claimed to have given or consented to such waiver. Except to the extent that the party or parties claimed to have given or consented to a waiver may have otherwise agreed in writing, no such waiver shall be deemed a waiver or relinquishment of any other term, provision, agreement, act, obligation or right under this Agreement, or of any preceding or subsequent breach thereof. No forbearance by a party in seeking a remedy for any noncompliance or breach by another party hereto shall be deemed to be a waiver by such forbearing party of its rights and remedies with respect to such noncompliance or breach, unless such waiver shall be in a written instrument or instruments signed by the forbearing party.
Waiver; Forbearance. Any waiver or forbearance or delay on the part of the Bank to insist upon the performance of any terms and conditions of this agreement, or to exercise any right or privilege conferred in this Agreement, or to demand any penalties resulting from any breach of any of the terms or conditions of this Agreement shall not be construed as a waiver on the part of the Bank of any of the terms or conditions of this Agreement or of any of its rights or privileges or of any other default on the part of the Borrower, and all original rights and powers of the Bank under this Agreement will remain in full force, notwithstanding any such forbearance or delay.
Waiver; Forbearance. Any waiver of any provision of this Agreement and any waiver of any default under this Agreement shall only be effective if made in writing and signed by the Lender. Any waiver or forbearance or delay on the part of the Lender to insist upon the performance of any terms and conditions of this Agreement, or to exercise any right or privilege conferred under this Agreement, or to demand any penalties resulting from any breach of any of the terms or conditions of this Agreement shall not be construed as a waiver on the part of the Lender of any of the terms or conditions of this agreement or of its rights or privileges or of any other default on the part of the Borrower, and all original rights and powers of the Lender under this Agreement will remain in full force, notwithstanding any such forbearance or delay. For the avoidance of doubt it is clarified that the waiver by the Lender of any of its rights under this Agreement on a particular occasion shall not constitute a waiver on any subsequent occasion of such right.
Waiver; Forbearance. The Parties hereto agree that in the event of there being any delay in or indulgence shown by either of the parties with regard to the enforcement of any of the terms of this Deed, the same shall not be construed as a waiver on the part of the party showing such indulgence or tolerance and any such indulgence or forbearance shall not be deemed to be a waiver of the rights and the parties shall be entitled to enforce such right without prejudice to such indulgence or tolerance shown.
Waiver; Forbearance. Any waiver of forbearance or delay on the part of RCFL to insist upon the performance of any terms and conditions of this Agreement, or to exercise any right or privilege conferred in this Agreement, or to demand any penalties resulting from any breach of any of the terms or conditions of this Agreement shall not be construed as a waiver on the part of RCFL of any of the terms or conditions of this Agreement or of any of its rights or privileges or of any other default on the part of the Borrower, and all original rights and powers of RCFL under this Agreement will remain in full force, notwithstanding any such forbearance or delay.
Waiver; Forbearance. The parties recognize and acknowledge that by entering into this Agreement, the Lender is not waiving any rights of remedies it may have under any of the Loan Documents, any defaults of Events of Default arising thereunder, of any judgments previously obtained by Lender in connection therewith (collectively, the “Existing Rights”); provided, however, that Lender hereby agrees that, commencing on the “Debt Condition Date” (as hereinafter defined), Lender agrees that it shall not thereafter enforce, and Lender shall thereafter forbear from pursuing enforcement of, any of its Existing Rights, unless and until an additional default or Event of Default occurs (either by Borrower or any other Person other than Lender) under the Credit Agreement, any other Loan Documents, this Agreement, or any of the “Payment Agreements” (as hereinafter defined), whereupon the foregoing forbearance shall automatically become null and void and of no further force or effect, without any further notice or demand from Lender. For purposes of this Agreement, the term “Debt Condition Date” shall mean the date when the following two conditions are satisfied to Lender’s reasonable satisfaction: (i) Borrower enters into a comprehensive set of agreements with other third parties (the “Payment Agreements”), pursuant to which Borrowers intend to pay off in full the entire amount of the Assigned Debt and Remaining Debt, or any other transaction which would satisfy the judgments and the entire amount of the Assigned Debt and the Remaining Debt, which Payment Agreements are intended to include, without limitation, this Agreement and another asset based lending credit facility for Borrowers; and (ii) the Payment Agreements are reviewed and approved by Lender, such approval not to be unreasonably withheld. Notwithstanding anything contained in this Agreement, the forbearance described in this Section 9 shall commence upon the filing of the Motion to Vacate in accordance with the Second Amendment to the Credit Agreement, being executed simultaneously herewith. In addition, notwithstanding anything contained in this Agreement to the contrary, the Lender shall have the right, at any time, to accept payment in full of the then outstanding Assigned Debt and Remaining Debt, whether in connection with the Payment Agreements, or otherwise, and in such event, Lender shall have the absolute right to terminate this Agreement with respect to any portion of the Assigned Debt not yet sold and assigned to Assi...
Waiver; Forbearance. Except as the parties may hereafter otherwise agree in writing, no waiver by a party of any breach or default of the other party, of any of its obligations, agreements or covenants under this Agreement shall be deemed to be waiver of any subsequent breach of the same, or any other obligation, agreement or covenant under this Agreement, nor shall forbearance by a party to seek a remedy for such breach be deemed a waiver of its rights and remedies with respect to such breach, nor shall a party be deemed to have waived any of its rights and remedies unless it be in writing and executed with the same formality as this Agreement.
Waiver; Forbearance. 41.1 The rights of any party shall not be prejudiced or restricted by any indulgence or forbearance extended to the other and no waiver by any party in respect of any breach shall operate or be deemed to operate as a waiver in respect of any subsequent breach.
Waiver; Forbearance. Any waiver of forbearance or delay on the part of RCL to insist upon the performance of any terms and conditions of this Agreement, or to exercise any right or privilege conferred in this Agreement, or to demand any penalties resulting from any breach of any of the terms or conditions of this Agreement shall not be construed as a waiver on the part of RCL of any of the terms or conditions of this Agreement or of any of its rights or privileges or of any other default on the part of the Borrower, and all original rights and powers of RCL under this Agreement will remain in full force, notwithstanding any such forbearance or delay.
