Common use of Waiver; Amendments Clause in Contracts

Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower and Lender, will operate as a waiver, nor will any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower therefrom will in any event be effective unless the same is permitted by paragraph (b) of this Section, and then such waiver or consent will be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will not be construed as a waiver of any Default or Event of Default, regardless of whether Lender had notice or knowledge of such Default or Event of Default at the time.

Appears in 6 contracts

Samples: Master Credit Agreement (Advanced BioEnergy, LLC), Master Credit Agreement (Nedak Ethanol, LLC), Credit Agreement (Golden Grain Energy)

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Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 6 contracts

Samples: Credit Agreement (Patriot Transportation Holding, Inc.), Credit Agreement (FRP Holdings, Inc.), Credit Agreement (Patriot Transportation Holding, Inc.)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Revolving Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 5 contracts

Samples: 364 Day Revolving Credit Agreement (BNC Bancorp), Revolving Credit Agreement (NBC Capital Corp), Revolving Credit Agreement (Greene County Bancshares Inc)

Waiver; Amendments. (a) No failure or delay by Lender in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower and Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this Section, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 2 contracts

Samples: Credit Agreement (Golden Grain Energy), Credit Agreement (Great Plains Ethanol LLC)

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Waiver; Amendments. (a) No failure or delay by Lender Bank in exercising any right or power hereunder or any other Loan Document, and no course of dealing between Borrower the Loan Parties and LenderBank, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of Lender Bank hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No amendment or waiver of any provision of this Agreement or any the other Loan Document or Documents, nor consent to any departure by Borrower therefrom will the Loan Parties therefrom, shall in any event be effective unless the same is permitted shall be in writing and signed by paragraph (b) of this Section, the Loan Parties and Bank and then such waiver or consent will shall be effective only in the specific instance and for the specific purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will advance under the Credit Facility shall not be construed as a waiver of any Default or Event of Default, regardless of whether Lender had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Loan Agreement (Sharps Compliance Corp)

Waiver; Amendments. (a) No failure or delay by the Lender in exercising any right or power hereunder or any other Loan Documenthereunder, and no course of dealing between the Borrower and the Lender, will shall operate as a waiverwaiver thereof, nor will shall any single or partial exercise of any such right or power or any abandonment or discontinuance of steps to enforce such right or power, preclude any other or further exercise thereof or the exercise of any other right or power hereunder or thereunder. The rights and remedies of the Lender hereunder and under the other Loan Documents are cumulative and are not exclusive of any rights or remedies provided by law. No waiver of any provision of this Agreement or any other Loan Document or consent to any departure by the Borrower therefrom will shall in any event be effective unless the same is shall be permitted by paragraph (b) of this SectionSection 10.2, and then such waiver or consent will shall be effective only in the specific instance and for the purpose for which given. Without limiting the generality of the foregoing, the making of an Advance will a Loan shall not be construed as a waiver of any Default or Event of Default, regardless of whether the Lender may have had notice or knowledge of such Default or Event of Default at the time.

Appears in 1 contract

Samples: Revolving Credit Agreement and Security Agreement (Walter Investment Management Corp)

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