Common use of No Waiver, etc Clause in Contracts

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare an Event of Default for failure to effect such prompt payment of any such other amount. The payment by the Borrower or any other person and the acceptance by the Lender of any amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which an Event of Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such Event of Default.

Appears in 3 contracts

Samples: Credit and Security Agreement (Comscore, Inc.), Credit Agreement (International Assets Holding Corp), Credit and Security Agreement (International Assets Holding Corp)

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No Waiver, etc. No failure or delay by the Lender Bank to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender Bank from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Lender Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare an Event of a Default for failure to effect such prompt payment of any such other amount. The payment by the Borrower or any other person Person and the acceptance by the Lender Bank of any amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which an Event of a Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender Bank or preclude the Lender Bank from exercising any right of power or remedy consequent upon such Event of Default.

Appears in 3 contracts

Samples: Credit Agreement (Donegal Group Inc), Credit Agreement (Donegal Group Inc), Credit Agreement (Donegal Group Inc)

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of any of the other Financing Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Loan Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Loan Documents, or to declare an Event of Default a default for failure to effect such prompt payment of any such other amount. The payment by the Borrower Pledgor, or any other person Person and the acceptance by the Lender of or any other amount due and payable under the provisions of this Agreement or the other Financing Loan Documents at any time during which an a default or Event of Default exists shall not in any way or manner be construed as a waiver of such default or Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such default or Event of Default.

Appears in 2 contracts

Samples: Cash Collateral Pledge Agreement (American Retirement Villas Properties Iii LTD Partnership), Cash Collateral Pledge Agreement (Arv Assisted Living Inc)

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Loan Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Loan Documents, or to declare an Event of Default a default for failure to effect such prompt payment of any such other amount. The payment by the Borrower Guarantor, or any other person Person and the acceptance by the Lender of or any other amount due and payable under the provisions of this Agreement or the other Financing Loan Documents at any time during which an a default or Event of Default exists shall not in any way or manner be construed as a waiver of such default or Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such default or Event of Default.

Appears in 2 contracts

Samples: Guaranty Agreement (American Retirement Villas Properties Iii LTD Partnership), Guaranty Agreement (Arv Assisted Living Inc)

No Waiver, etc. No failure or delay by the Lender Bank to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender Bank from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Lender Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare an Event of a Default for failure to effect such prompt payment of any such other amount. The payment by the Borrower or any other person and the acceptance by the Lender Bank of any amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which an Event of a Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender Bank or preclude the Lender Bank from exercising any right of right, power or remedy consequent upon such Event of Default.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Oxford Finance Corp), Master Loan and Security Agreement (Oxford Finance Corp)

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare an Event of Default for failure to effect such prompt payment of any such other amount. The payment by the Borrower Borrowers or any other person and the acceptance by the Lender of any amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which an Event of Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such Event of Default.

Appears in 2 contracts

Samples: Credit and Security Agreement (Tvi Corp), Credit Agreement (International Assets Holding Corp)

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare an Event of Default for failure to effect such prompt payment of any such other amount. The payment by the Borrower or any other person Person and the acceptance by the Lender of any amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which an Event of Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Optical Cable Corp), Special Project Loan Agreement (Optical Cable Corp)

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare an Event of Default for failure to effect such prompt payment of any such other amount. The payment by any one or more of the Borrower or any other person and the acceptance by the Lender of any amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which an Event of Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such Event of Default.

Appears in 2 contracts

Samples: Master Loan Agreement (Interstate General Co L P), Master Loan Agreement (American Community Properties Trust)

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare an Event of Default for failure to effect such prompt payment of any such other amount. The payment by the Borrower Borrowers or any other person and the acceptance by the Lender of any amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which an Event of Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such Event of Default.. KEYW and Subsidiaries Credit and Security Agreement

Appears in 1 contract

Samples: Credit and Security Agreement (Keyw Holding Corp)

No Waiver, etc. No failure or delay by the Lender Bank to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender Bank from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Lender Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare an Event of Default for failure to effect such prompt payment of any such other amount. The payment by any one or more of the Borrower Borrowers or any other person and the acceptance by the Lender Bank of any amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which an Event of Default exists shall not in any way or manner be construed as a waiver of such an Event of Default by the Lender Bank or preclude the Lender Bank from exercising any right of power or remedy consequent upon such an Event of Default.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Gse Systems Inc)

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare an Event of Default for failure to effect such prompt payment of any such other amount. The payment by the Borrower Borrower, or any other person Person and the acceptance by the Lender of or any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which an Event of Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such Event of Default.

Appears in 1 contract

Samples: Security Agreement (Optical Cable Corp)

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No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Loan Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Loan Documents, or to declare an a Default or Event of Default Default, as applicable, for failure to effect such prompt payment of any such other amount. The payment by the Borrower Borrowers or any other person and the acceptance by the Lender of any amount due and payable under the provisions of this Agreement or the other Financing Loan Documents at any time during which an Event of Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such <PAGE> Event of Default. SECTIN 8.

Appears in 1 contract

Samples: , and Guaranty Agreement

No Waiver, etc. No failure or delay by the Lender Bank to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender Bank from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Documents, the Lender Bank shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Documents, or to declare an Event of a Default for failure to effect such prompt payment of any such other amount. The payment by the Borrower or any other person Person and the acceptance by the Lender of Bank or any other amount due and payable under the provisions of this Agreement or the other Financing Documents at any time during which an Event of a Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender Bank or preclude the Lender Bank from exercising any right of power or remedy consequent upon such Event of Default.

Appears in 1 contract

Samples: Collateral Pledge Agreement (Chesapeake Biological Laboratories Inc)

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement Agreement, the Notes or of the any other Financing DocumentsDocument, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement Agreement, the Notes or under any of the other Financing DocumentsDocument, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement Agreement, the Notes or under any of the other Financing DocumentsDocument, or to declare an Event of Default for failure to effect such prompt payment of any such other amount. The payment by the Borrower or any other person Person and the acceptance by the Lender of any amount due and payable under the provisions of this Agreement Agreement, the Notes or the any other Financing Documents Document at any time during which an any Default or Event of Default exists shall not in any way or manner be construed as a waiver of such Default or Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such Default or Event of Default.

Appears in 1 contract

Samples: Pledge Agreement (Trak Auto Corp)

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of the Note, this Agreement or of the other Financing Collateral Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under the Note, this Agreement or under any of the other Financing Collateral Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under the Note, this Agreement or under any of the other Financing Collateral Documents, or to declare an Event of Default for failure to effect such prompt payment of any such other amount. The payment by the Borrower Pledgor, the Company or any other person Person and the acceptance by the Lender of any other amount due and payable under the provisions of the Note, this Agreement or the other Financing Collateral Documents at any time during which an Event of Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon the occurrence and during the continuance of such Event of Default. All rights and remedies herein provided are cumulative and are not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Pledge and Security Agreement (Mma Capital Management, LLC)

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Loan Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Loan Documents, or to declare an Event of Default for failure to effect such prompt payment of any such other amount. The payment by the Borrower or any other person Person and the acceptance by the Lender of any amount due and payable under the provisions of this Agreement or the other Financing Loan Documents at any time during which an Event of Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such Event of Default.

Appears in 1 contract

Samples: Bridge Loan Agreement (VivoPower International PLC)

No Waiver, etc. No failure or delay by the Lender to insist upon the strict performance of any term, condition, covenant or agreement of this Agreement or of the other Financing Loan Documents, or to exercise any right, power or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, covenant or agreement or of any such breach, or preclude the Lender from exercising any such right, power or remedy at any later time or times. By accepting payment after the due date of any amount payable under this Agreement or under any of the other Financing Loan Documents, the Lender shall not be deemed to waive the right either to require prompt payment when due of all other amounts payable under this Agreement or under any of the other Financing Loan Documents, or to declare an a Default or Event of Default Default, as applicable, for failure to effect such prompt payment of any such other amount. The payment by the Borrower Borrowers or any other person and the acceptance by the Lender of any amount due and payable under the provisions of this Agreement or the other Financing Loan Documents at any time during which an Event of Default exists shall not in any way or manner be construed as a waiver of such Event of Default by the Lender or preclude the Lender from exercising any right of power or remedy consequent upon such Event of Default.

Appears in 1 contract

Samples: Loan, Security, and Guaranty Agreement (Precision Partners Inc)

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