Common use of No Waiver; Amendment Clause in Contracts

No Waiver; Amendment. Maker hereby waives presentment, demand for payment, notice of dishonor, notice of protest and all other notices or demands in connection with the delivery, acceptance, performance or default of this Note. No delay by Holder in exercising any power or right hereunder shall operate as a waiver of any power or right, nor shall any single or partial exercise of any power or right preclude other or further exercise thereof, or the exercise of any other power or right hereunder or otherwise; and no waiver whatsoever or modification of the terms hereof, including but not limited to an extension of the time for the payment of this Note or any installment due hereunder, shall be valid unless set forth in writing by Holder. This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. No modifications or amendments made by agreement with any person now or hereafter liable for the payment of this Note shall operate to release, discharge, modify, change or affect the liability of Maker under this Note, either in whole or in part unless Holder agrees otherwise in writing.

Appears in 18 contracts

Samples: Subordination Agreement (Twinlab Consolidated Holdings, Inc.), Subordination Agreement (Twinlab Consolidated Holdings, Inc.), Subordination Agreement (Twinlab Consolidated Holdings, Inc.)

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No Waiver; Amendment. Maker No failure to accelerate the indebtedness evidenced hereby waives presentmentby reason of default hereunder, demand for acceptance of a partial or past due payment, notice of dishonor, notice of protest and all other notices or demands in connection with the delivery, acceptance, performance or default indulgences granted from time to time shall be construed (i) as a novation of this Note. No delay by Holder in exercising any power Note or right hereunder shall operate as a reinstatement of the indebtedness evidenced hereby or as a waiver of any power such right of acceleration or right, nor shall any single or partial exercise of any power or the right preclude other or further exercise thereofof Payee thereafter to insist upon strict compliance with the terms of this Note, or (ii) to prevent the exercise of such right of acceleration or any other power or right granted hereunder or otherwiseby any applicable laws; and no waiver whatsoever Maker hereby expressly waives the benefit of any statute or modification rule of law or equity now provided, or which may hereafter be provided, which would produce a result contrary to or in conflict with the terms hereof, including but not limited to an foregoing. No extension of the time for the payment of this Note or any installment due hereunderhereunder made by agreement with any person now or hereafter liable for the payment of this Note shall operate to release, shall be valid discharge, modify, change or affect the original liability of Maker under this Note, either in whole or in part, unless set forth Xxxxx agrees otherwise in writing by Holderwriting. This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. No modifications or amendments made by agreement with any person now or hereafter liable for the payment of this Note shall operate to release, discharge, modify, change or affect the liability of Maker under this Note, either in whole or in part unless Holder agrees otherwise in writing.

Appears in 4 contracts

Samples: Apple Hospitality Two Inc, Inland Western Retail Real Estate Trust Inc, Cole Credit Property Trust II Inc

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No Waiver; Amendment. Maker hereby waives presentment, demand for payment, notice of dishonor, notice of protest and all other notices or demands in connection with the delivery, acceptance, performance or default of this Note. No delay by Holder in exercising any power or right hereunder shall operate as a waiver of any power or right, nor shall any single or partial exercise of any power or right preclude other or further exercise thereof, or the exercise of any other power or right hereunder or otherwise; and no waiver whatsoever or modification of the terms hereof, including but not limited to an extension of the time for the payment of this Note or any installment due hereunder, shall be valid unless set forth in writing by Holder. This Note may not be changed orally, but only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification or discharge is sought. No modifications or amendments made by agreement with any person now or hereafter liable for the payment of this Note shall operate to release, discharge, modify, change or affect the liability of Maker under this Note, either in whole or in part unless Holder agrees otherwise in writing. This Note may not be amended without the prior written consent of each Guarantor.

Appears in 1 contract

Samples: Purchase Agreement (Twinlab Consolidated Holdings, Inc.)

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