Common use of Alteration or Waiver Clause in Contracts

Alteration or Waiver. None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent. The Administrative Agent shall not, by any act or delay, be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent would otherwise have on any future occasion. Neither the taking of any judgment nor the exercise of any power of seizure or sale shall extinguish the liability of the Borrower to pay the Secured Liabilities, nor shall the same operate as a merger of any covenant contained in this Agreement or of any other liability, nor shall the acceptance of any payment or other security constitute or create any novation.

Appears in 2 contracts

Samples: Convertible Loan Agreement, Convertible Loan Agreement

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Alteration or Waiver. None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentCreditor. The Administrative Agent Creditor shall not, by any act or delay, be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentCreditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent Creditor would otherwise have on any future occasion. Neither the taking of any judgment nor the exercise of any power of seizure or sale shall extinguish the liability of the Borrower any Debtor to pay the Secured LiabilitiesLiabilities of such Debtor, nor shall the same operate as a merger of any covenant contained in this Agreement or of any other liability, nor shall the acceptance of any payment or other security constitute or create any novation.

Appears in 2 contracts

Samples: General Security Agreement (Psyence Biomedical Ltd.), General Security Agreement (Mad Catz Interactive Inc)

Alteration or Waiver. None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent. The Administrative Agent shall Lenders will not, by any act or delay, be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative Agentany Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single General Security Agreement or partial exercise of any right, power or privilege hereunder shall will preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent any Lender of any right or remedy hereunder on any one occasion shall will not be construed as a bar to any right or remedy which the Administrative Agent would otherwise have on any future occasion. Neither the taking of any judgment nor the exercise of any power of seizure or sale shall will extinguish the liability of the Borrower Debtor to pay the Secured Liabilities, nor shall will the same operate as a merger of any covenant contained in this Agreement or of any other liability, nor shall will the acceptance of any payment or other security constitute or create any novation.

Appears in 1 contract

Samples: General Security Agreement (Royal Gold Inc)

Alteration or Waiver. None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentDebtor and the Secured Party. The Administrative Agent Secured Party shall not, by any act or delay, be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentSecured Party, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent Secured Party of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent Secured Party would otherwise have on any future occasion. Neither the taking of any judgment nor the exercise of any power of seizure or sale shall extinguish the liability of the Borrower Debtor to pay the Secured Liabilities, nor shall the same operate as a merger of any covenant contained in this Agreement or of any other liability, nor shall the acceptance of any payment or other security constitute or create any novation. 29.

Appears in 1 contract

Samples: General Security Agreement (Powin Energy Corp)

Alteration or Waiver. None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentCreditor, except with respect to Schedule A hereto which may be supplemented from time to time by the parties hereto. The Administrative Agent Creditor shall not, by any act or delay, be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentCreditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent Creditor would otherwise have on any future occasion. Neither the taking of any judgment nor the exercise of any power of seizure or sale shall extinguish the liability of the Borrower Pledgor to pay the Secured Liabilities, nor shall the same operate as a merger of any covenant contained in this Agreement or of any other liability, nor shall the acceptance of any payment or other security constitute or create any novation.

Appears in 1 contract

Samples: Appendix Iii (THAIHOT Investment Co LTD)

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Alteration or Waiver. None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentCreditor. The Administrative Agent shall Creditor will not, by any act or delay, be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentCreditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall will preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent Creditor of any right or remedy hereunder on any one occasion shall will not be construed as a bar to any right or remedy which the Administrative Agent Creditor would otherwise have on any future occasion. Neither the taking of any judgment judgement nor the exercise of any power of seizure or sale shall will extinguish the liability of the Borrower Debtor to pay the Secured LiabilitiesObligations, nor shall will the same operate as a merger of any covenant contained in this Agreement or of any other liability, nor shall will the acceptance of any payment or other security constitute or create any novation.

Appears in 1 contract

Samples: General Security Agreement (Universal Security Instruments Inc)

Alteration or Waiver. None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentCreditor. The Administrative Agent shall Creditor will not, by any act or delay, be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentCreditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall will preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent Creditor of any right or remedy hereunder on any one occasion shall will not be construed as a bar to any right or remedy which the Administrative Agent Creditor would otherwise have on any future occasion. Neither the taking of any judgment nor the exercise of any power of seizure or sale shall will extinguish the liability of the Borrower Debtor to pay the Secured Liabilities, nor shall will the same operate as a merger of any covenant contained in this Agreement or of any other liability, nor shall will the acceptance of any payment or other security constitute or create any novation.

Appears in 1 contract

Samples: Credit Agreement (Mirion Technologies, Inc.)

Alteration or Waiver. None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentCreditor. The Administrative Agent Creditor shall not, by any act or delay, be deemed to have waived any right or remedy hereunder or to have acquiesced in any Event of Default or in any breach of any of the terms and conditions hereof. No failure to exercise, nor any delay in exercising, on the part of the Administrative AgentCreditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. A waiver by the Administrative Agent Creditor of any right or remedy hereunder on any one occasion shall not be construed as a bar to any right or remedy which the Administrative Agent Creditor would otherwise have on any future occasion. Neither the taking of any judgment nor the exercise of any power of seizure or sale shall extinguish the liability of the Borrower any Debtor to pay the Secured LiabilitiesObligations of such Debtor, nor shall the same operate as a merger of any covenant contained in this Agreement or of any other liability, nor shall the acceptance of any payment or other security constitute or create any novation.

Appears in 1 contract

Samples: General Security Agreement (Emtec Inc/Nj)

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