Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a Member or to declare such party in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.
Appears in 31 contracts
Samples: Limited Liability Company Agreement (Plains All American Pipeline Lp), Limited Liability Company Agreement (Plains All American Pipeline Lp), Operating Agreement (DERMAdoctor, LLC)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a another Member hereunder shall will be deemed or construed to be a consent or waiver with respect to any other breach or default by any party such Member of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a another Member or to declare such party other Member in default shall will not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.
Appears in 14 contracts
Samples: Limited Liability Company Agreement (Penn Virginia GP Holdings, L.P.), Limited Liability Company Agreement (IMH Financial Corp), Limited Liability Company Agreement (Inergy Holdings LLC)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a another Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party such Member of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a another Member or to declare such party other Member in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.
Appears in 11 contracts
Samples: Put Through Agreement (CHS Inc), Limited Liability Company Agreement (CHS Inc), Limited Liability Company Agreement (Dell Inc)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a Member hereunder under this Agreement shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a Member or to declare such party in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunderunder this Agreement.
Appears in 6 contracts
Samples: Contribution Agreement (Natural Resource Partners Lp), Limited Liability Company Agreement (Natural Resource Partners Lp), Limited Liability Company Agreement (Natural Resource Partners Lp)
Waiver of Default. No consent or waiver, express or implied, by the Company or a the Sole Member with respect to any breach or default by the Company or a the Sole Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party of the same provision or any other provision of this Agreement. Failure on the part of the Company or a the Sole Member to complain of any act or failure to act of the Company or a the Sole Member or to declare such party in default shall not be deemed or constitute a waiver by the Company or the Sole Member of any rights hereunder.
Appears in 6 contracts
Samples: Limited Liability Company Agreement, Registration Rights Agreement (Plains All American Pipeline Lp), Limited Liability Company Agreement (Plains Gp Holdings Lp)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a Member other Members hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party such Member of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a Member other Members or to declare such party other Member in default shall not be deemed or to constitute a waiver by the Company or the Member Members of any rights hereunder.
Appears in 3 contracts
Samples: Limited Liability Company Agreement (Inergy L P), Limited Liability (Inergy L P), Limited Liability Company Agreement (Inergy L P)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member Stockholder with respect to any breach or default by the Company or a Member Stockholder hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member Stockholder to complain of any act or failure to act of the Company or a Member Stockholder or to declare such party in default shall not be deemed or constitute a waiver by the Company or the Member Stockholder of any rights hereunder.
Appears in 3 contracts
Samples: Exchange and Stockholders' Agreement (National Tobacco Co Lp), Exchange and Stockholders' Agreement (National Tobacco Co Lp), Stockholders' Agreement (North Atlantic Trading Co Inc)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a another Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party such Member of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a another Member or to declare such party in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.such
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Land O Lakes Inc), Operating Agreement (Land O Lakes Inc)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a Member or to declare such party in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.. 12.2
Appears in 2 contracts
Samples: Limited Liability Company Agreement (Plains All American Pipeline Lp), Limited Liability Company Agreement (Plains Gp Holdings Lp)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a another Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party such Member of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a another Member or to declare such party other Member in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.. 11.7
Appears in 2 contracts
Samples: Operating Agreement (First American Capital Corp /Ks), Operating Agreement (First American Capital Corp /Ks)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party such Member of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a Member or to declare such party Member in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.
Appears in 1 contract
Samples: Operating Agreement (Tortoise Total Return Fund, LLC)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a another Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party such Member of the same provision or any other provision of this Operating Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a another Member or to declare such party other Member in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.
Appears in 1 contract
Samples: Operating Agreement (J C Nichols Co)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a another Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party such Member of the same provision or of any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a another Member or to declare such party other Member in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.
Appears in 1 contract
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a other Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party such Member or the other Member of the same provision or of any other provision of this Agreement. Failure on the part of the Company or a any Member to complain of any act or failure to act of the Company or a another Member or to declare such party other Member in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Cenex Harvest States Cooperatives)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member with respect to any breach or default by the Company or a Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party the Member of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a Member or to declare such party the Member in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Rand Capital Corp)
Waiver of Default. No consent or waiver, express or implied, by the ----------------- Company or a Member with respect to any breach or default by the Company or a Member hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member to complain of any act or failure to act of the Company or a Member or to declare such party in default shall not be deemed or constitute a waiver by the Company or the Member of any rights hereunder.
Appears in 1 contract
Samples: Limited Liability Company Agreement (Plains All American Pipeline Lp)
Waiver of Default. No consent or waiver, express or implied, by the Company or a Member Shareholder with respect to any breach or default by the Company or a Member Shareholder hereunder shall be deemed or construed to be a consent or waiver with respect to any other breach or default by any party of the same provision or any other provision of this Agreement. Failure on the part of the Company or a Member Shareholder to complain of any act or failure to act of the Company or a Member Shareholder or to declare such party in default shall not be deemed or constitute a waiver by the Company or the Member Shareholder of any rights hereunder.
Appears in 1 contract
Samples: Shareholders Agreement (Lone Star Technologies Inc)
