Forbearance and Waiver. No waiver by a PARTY in respect of any breach shall operate as a waiver in respect of any subsequent breach. No forbearance, failure or delay by a PARTY in exercising any right or remedy shall operate as a waiver thereof, nor shall any single or partial forbearance, exercise or waiver of any right or remedy prejudice its further exercise of any right or remedy under this AGREEMENT or at LAW.
Forbearance and Waiver. 26.1. No waiver by the Company in respect of any breach of this Agreement by the Contractor will operate as a waiver in respect of any subsequent breach. No failure or delay by the Company in exercising any right or remedy will operate as a waiver thereof, nor will any single or partial exercise or waiver of any right or remedy prejudice its further exercise or the exercise of any other right or remedy.
Forbearance and Waiver. Provided, that (i) EasyLink executes the Forbearance Note, (ii) EasyLink complies with all terms and conditions of this Agreement, and (iii) no additional default occurs under the Lease, then GATX agrees that it shall forbear from exercising its remedies under the Lease until October 31, 2001 (the "Forbearance Period"). In the event EasyLink at any time fails to comply with clause (i), (ii) or (iii) hereinabove, GATX shall be entitled to immediately exercise any and all rights it may have under this Agreement and the Lease and may declare the Forebearance Note to be immediately due and payable. Nothing in this paragraph or in any other provision of this Agreement shall be deemed to be a waiver of any of GATX's rights under the Lease or otherwise available to GATX at law or in equity. In addition, nothing in this Agreement shall be construed to release EasyLink from any liability under the Lease. GATX hereby expressly reserves all such remedies.
Forbearance and Waiver. Provided, that EasyLink complies with all terms and conditions of this Agreement, then ATT hereby waives of all current defaults under the Original Note and defers all payments under the Original Note and a portion of the 2001 second quarter payments under the Transition Services Agreement dated as of January 31, 2001 (the "Transition Services Agreement") as previously agreed until October 31, 2001, subject to AT&T's right to revoke this waiver and deferral at any time by giving written notice to Easylink that the waiver is being terminated in the event that EasyLink fails to comply with its obligations hereunder. All deferred payments under the Original Note will continue to accrue interest at the late payment interest rate specified in the Original Note. Upon termination of the waiver and deferral, all deferred payments, including applicable interest, will be immediately due and payable. Nothing in this paragraph or in any other provision of this Agreement shall be deemed to be a waiver of any of ATT's rights under the Original Note, the Security Documents or the Transition Agreement or otherwise available to ATT at law or in equity. In addition, nothing in this Agreement shall be construed to release EasyLink from any liability under the Original Note, the Security Documents or the Transition Agreement. ATT hereby expressly reserves all such remedies.
Forbearance and Waiver. Except where a specific time period is provided hereunder for the exercise of a right or remedy, any Party’s forbearance in the exercise or enforcement of any right or remedy under this Agreement will not constitute a waiver thereof, and a waiver under one circumstance will not constitute a waiver under any other circumstance.
Forbearance and Waiver. Forbearance or neglect on the part of any party to insist upon compliance with the terms of this Agreement shall not be construed as or constitute a waiver thereof nor shall any waiver constitute a continuing waiver. Failure of any party to terminate the Agreement for any of the causes set forth in this Agreement will not constitute a waiver of that party's right to terminate this Agreement at a later time for any of these causes. No waiver or modification of this Agreement will be effective unless it is in writing and is signed by all parties hereto. Notwithstanding the above, the parties agree that any Exhibits and Schedule(s) to this Agreement may be amended from time to time, and that such revised Schedule(s) shall be automatically effective as set forth in this Agreement.
Forbearance and Waiver. The rights of a Partner will not be prejudiced or restricted by any indulgence or forbearance extended to another Partner or Partners, and no waiver by a Partner in respect of any breach will operate as a waiver in respect of any subsequent breach. No failure or delay by a Partner in exercising any right or remedy will operate as a waiver thereof, nor will any single or partial exercise or waiver of any right or remedy prejudice its further exercise or the exercise of any other right or remedy. FIRST SCHEDULE PROVISIONS APPLICABLE ON ANY PARTNERCEASING TO BE A PARTNER
Forbearance and Waiver. Subject to the terms and conditions herein, the Holder agrees that it will forbear from exercising any of its rights or remedies under the Note as the result of the Triggering Event. Furthermore, the Holder hereby waives any right to receive interest on the Note after March 31, 2017.
Forbearance and Waiver a. Subject to the provisions of Section 5 (Conditions/Additional Undertakings) below, the undersigned in their capacity as Lenders direct the Administrative Agent, and the Administrative Agent agrees to accept and follow such direction, to Forebear through May 19, 2000, notwithstanding any Specified Defaults.
Forbearance and Waiver. (a) Subject to the terms and conditions contained herein, effective as of the date hereof, to the fullest extent permitted by the Series B Certificate of Designations and applicable law, the Holder agrees that until the expiration or termination of the Forbearance Period (as hereinafter defined), it will forbear from taking any action, the right to which arose from or following the occurrence of a Trigger Event, including, without limitation, any exercise of any rights under Section 7(b) of the Series B Certificate of Designations or the Redemption Right. The Holder further agrees that until the expiration or termination of the Forbearance Period the Holder and its affiliates, agents, and representatives shall refrain from asserting any claim, commencing any suit, or alleging a breach of any fiduciary duty arising from, related to, in furtherance of, or in connection with, the occurrence of a Trigger Event. The Holder further acknowledges that upon the satisfaction of the Stockholder Approval as set forth in Section 7(b)(i) of the Series B Certificate of Designations, the Holder shall be precluded from exercising the Redemption Right and no Trigger Event shall be deemed to have occurred.
