Waiver by Holder. Holder may at any time and from time to time by a specific writing intended for the purpose: (a) waive compliance by Grantor with any covenant herein made by Grantor to the extent and in the manner specified in such writing; (b) consent to Grantor’s doing any act which hereunder Grantor is prohibited from doing, or to Grantor’s failing to do any act which hereunder Grantor is required to do, to the extent and in the manner specified in such writing; (c) release any part of the Property or any interest therein from the lien and security interest of this Deed of Trust, without the joinder of trustee; or (d) release any party liable, either directly or indirectly, for the Secured Indebtedness or for any covenant herein or in any other Loan Document, without impairing or releasing the liability of any other party. No such act shall in any way affect the rights or powers of Holder or trustee hereunder except to the extent specifically agreed to by Holder in such writing.
Waiver by Holder. No waiver of any obligation of the Maker under this Note shall be effective unless it is in a writing signed by the Holder. A waiver by the Holder of any right or remedy under this Note on any occasion shall not be a bar to exercise of the same right or remedy on any subsequent occasion or of any other right or remedy at any time.
Waiver by Holder. HOLDER shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by HOLDER, and then only to the extent specifically set forth in the writing. A waiver on one event shall not be construed as continuing or as a bar to or waiver of any right or remedy to a subsequent event.
Waiver by Holder. Without waiving the Holder’s rights and remedies under the Note, and subject to the terms and conditions set forth herein and the Note, the Company and the Holder agree to waive until the Maturity Date of the Note, the Event of Default under Section 6(a)(xi) of the Note as a result of (i) the Company’s failure to pay the Amortization Amount under the Debentures due and payable as of the date of this Waiver and (ii) the failure by the Company to maintain the Minimum Cash Reserve under the Debentures and agree that no Event of Default has or will have occurred pursuant to the terms of Section 6(a)(xi) of the Note so long as the Company has complied with the terms and conditions of this Waiver.
Waiver by Holder. A Holder hereby waives his right of retention in respect of the site improvements, hereby acknowledging that he is aware of the consequence of his waiver and understands the same.
Waiver by Holder. No failure or delay on the part of Holder or any other permitted holder of this Note to exercise any right, power or privilege under this Note and no course of dealing between Maker and Holder shall impair such right, power or privilege or operate as a waiver of any default or an acquiescence therein, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies expressly provided in this Note are cumulative to, and not exclusive of, any rights or remedies that Holder would otherwise have. No notice to or demand on Maker, other than such notice or demand required by the terms of this Note, in any case shall entitle Maker to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of Holder to any other or further action in any circumstances without notice or demand.
Waiver by Holder. The Holder hereby agrees that upon delivery of Holder’s Conversion Shares by the Company in accordance with provisions of this Agreement, Holder shall waive all of its rights under the Debentures, including, but not limited to, the right to receive previously unissued warrants, as well as any and all prepayment or redemption premiums and other conversion rights set forth in Sections3, 4, 5, 6, and 7 thereof.
Waiver by Holder. No waiver of any obligation of the Company under this Warrant shall be effective unless it is in a writing signed in accordance with the amendment, waiver and exercise of remedies provisions set forth in Section 6.9 of the Purchase Agreement. A waiver by the Holder of, or delay or omission on the part of the Holder in exercising, any right or remedy under this Warrant on any occasion shall not be a bar to exercise of the same right or remedy on any subsequent occasion or of any other right or remedy at any time.
