Effect of Waiver. No consent or waiver, express or implied, by the Agent to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 17 contracts
Sources: Credit Agreement (Harvard Bioscience Inc), Credit Agreement (Harvard Bioscience Inc), Revolving Credit and Term Loan Agreement (Cyalume Technologies Holdings, Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 17 contracts
Sources: Credit Agreement (United States Lime & Minerals Inc), Credit Agreement (United States Lime & Minerals Inc), Credit Agreement (United States Lime & Minerals Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or any Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by of the Borrower Credit Agreement shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 16 contracts
Sources: Credit Agreement (Astec Industries Inc), Credit Agreement (Astec Industries Inc), Credit Agreement (Astec Industries Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Bank to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower or any Guarantor shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 15 contracts
Sources: Loan Agreement (Fossil Inc), Loan Agreement (Fossil Inc), Loan Agreement (Fossil Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower any Loan Party shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 13 contracts
Sources: Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (IES Holdings, Inc.), Credit and Security Agreement (IES Holdings, Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower any Loan Party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 12 contracts
Sources: Revolving Credit Agreement (Paycom Software, Inc.), Credit Agreement (IHS Inc.), Credit Agreement (IHS Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the any Agent or any Bank to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 12 contracts
Sources: Credit Agreement, Credit Agreement (Elizabeth Arden Inc), Credit Agreement (Elizabeth Arden Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by of the Borrower Agreement shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 11 contracts
Sources: Loan and Security Agreement (Pioneer Companies Inc), Loan and Security Agreement (Pioneer Companies Inc), Loan and Security Agreement (Pioneer Companies Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower Companies shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 11 contracts
Sources: Financing Agreement, Financing Agreement (Lone Star Technologies Inc), Financing Agreement (Lone Star Technologies Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 11 contracts
Sources: Credit Agreement (Insperity, Inc.), Credit Agreement (Insperity, Inc.), Credit Agreement (Insperity, Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the any Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 11 contracts
Sources: Loan Agreement (American Locker Group Inc), Loan and Security Agreement (Index Inc), Loan and Security Agreement (DXP Enterprises Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, condition condition, or duty by the Borrower Borrower, shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition condition, or duty.
Appears in 9 contracts
Sources: Loan and Security Agreement (Tengasco Inc), Loan and Security Agreement (Tengasco Inc), Loan and Security Agreement (Tengasco Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 9 contracts
Sources: Second Amended and Restated Credit Agreement, Credit Agreement (Acxiom Corp), Credit Agreement (Acxiom Corp)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower Borrowers shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 9 contracts
Sources: Loan Agreement (Presidio Property Trust, Inc.), Loan Agreement (Presidio Property Trust, Inc.), Loan Agreement (Oyo Geospace Corp)
Effect of Waiver. No consent or waiver, express or implied, by the Collateral Agent or Lenders to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 9 contracts
Sources: Loan and Security Agreement (Mmi Products Inc), Loan and Security Agreement (Mmi Products Inc), Loan and Security Agreement (Mmi Products Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Lenders or Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the any Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 9 contracts
Sources: Revolving Credit, Term Loan and Security Agreement, Revolving Credit, Term Loan and Security Agreement (Flotek Industries Inc/Cn/), Revolving Credit, Term Loan and Security Agreement (Flotek Industries Inc/Cn/)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 8 contracts
Sources: Loan, Security and Collateral Management Agreement (Investcorp Credit Management BDC, Inc.), Loan and Security Agreement (KKR FS Income Trust), Loan, Security and Collateral Management Agreement (Investcorp Credit Management BDC, Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 8 contracts
Sources: Revolving Credit and Security Agreement (Neogenomics Inc), Revolving Credit and Security Agreement (Neogenomics Inc), Revolving Credit and Security Agreement (Neogenomics Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Lenders or Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower any Credit Party shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 8 contracts
Sources: Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or any Bank to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any Obligated Party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 8 contracts
Sources: Credit Agreement (Horizon Health Corp /De/), Credit Agreement (Horizon Health Corp /De/), Credit Agreement (Horizon Health Corp /De/)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower Borrower, shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 8 contracts
Sources: Loan and Security Agreement (Lapolla Industries Inc), Loan and Security Agreement (Lapolla Industries Inc), Loan and Security Agreement (Lapolla Industries Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent and the Lenders to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower any Loan Party shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 8 contracts
Sources: Credit Agreement (Matrix Service Co), Credit Agreement (Matrix Service Co), Credit Agreement (Matrix Service Co)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 7 contracts
Sources: Inventory Loan and Security Agreement (Silverleaf Resorts Inc), Inventory Loan and Security Agreement (Silverleaf Resorts Inc), Receivables Loan and Security Agreement (Silverleaf Resorts Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the any Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 7 contracts
Sources: Credit Agreement (Global Industries LTD), Credit Agreement (Global Industries LTD), Credit Agreement (Global Industries LTD)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by of the Borrower Loan Agreement shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 7 contracts
Sources: Loan and Security Agreement (Impreso Inc), Loan and Security Agreement (Pfsweb Inc), Loan and Security Agreement (Pfsweb Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any other Loan Party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 7 contracts
Sources: Credit Agreement (DZS Inc.), Credit Agreement (DZS Inc.), Credit Facility Agreement (Lennox International Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Collateral Agent or Lenders to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower Borrowers shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 7 contracts
Sources: Loan and Security Agreement (Mmi Products Inc), Loan and Security Agreement (Mmi Products Inc), Loan and Security Agreement (Mmi Products Inc)
Effect of Waiver. No consent or waiver, express or implied, by Lenders or the Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the any Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 6 contracts
Sources: Revolving Credit, Term Loan and Security Agreement (Flotek Industries Inc/Cn/), Revolving Credit, Term Loan and Security Agreement (Flotek Industries Inc/Cn/), Revolving Credit and Security Agreement (Flotek Industries Inc/Cn/)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Agent, Issuing Bank or any Lender to or for any breach of or deviation from any covenant, condition or duty by the any Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 6 contracts
Sources: Loan Agreement (Horizon Offshore Inc), Exim Guaranteed Loan Agreement (Horizon Offshore Inc), Exim Guaranteed Loan Agreement (Horizon Offshore Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 6 contracts
Sources: Revolving Credit and Security Agreement (Goodman Networks Inc), Revolving Credit and Security Agreement (Multiband Field Services Inc), Revolving Credit and Security Agreement (Multiband Field Services Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower Borrowers shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 6 contracts
Sources: Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower any Borrower, shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 6 contracts
Sources: Business Loan Agreement (Fuse Medical, Inc.), Business Loan Agreement (Fuse Medical, Inc.), Business Loan Agreement (Fuse Medical, Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Bank to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 6 contracts
Sources: Credit Agreement (Second Lien) (Elizabeth Arden Inc), Credit Agreement (Second Lien) (Elizabeth Arden Inc), Credit Agreement (Second Lien) (Elizabeth Arden Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent and the Lenders to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 6 contracts
Sources: Credit Agreement (Penson Worldwide Inc), Credit Agreement (Penson Worldwide Inc), Credit Agreement (Penson Worldwide Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or any Lender to or for any breach of or deviation from any covenant, covenant or condition by any Company or duty by the Borrower Parent shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 6 contracts
Sources: Financing Agreement (United Fuel & Energy Corp), Financing Agreement (United Fuel & Energy Corp), Financing Agreement (United Fuel & Energy Corp)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, condition or duty by the any Borrower or any Loan Party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Credit Agreement (Harmonic Inc), Credit Agreement (Harmonic Inc), Credit Agreement (Harmonic Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Lenders or Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower any Loan Party shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc), Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc), Revolving Credit, Term Loan, Guaranty and Security Agreement (Dril-Quip Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Bank to or for any breach of or deviation from any covenant, condition condition, or duty by the Borrower or any Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition condition, or duty.
Appears in 5 contracts
Sources: Revolving Credit Agreement (Cal Maine Foods Inc), Revolving Credit Agreement (Cal Maine Foods Inc), Revolving Credit Agreement (Cal Maine Foods Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower Credit Parties shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Revolving Credit and Security Agreement, Revolving Credit and Security Agreement (Neogenomics Inc), Revolving Credit and Security Agreement (Neogenomics Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or any Bank to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any Obligated Party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Credit Agreement (Dave & Busters Inc), Credit Agreement (Snelling & Snelling Inc), Credit Agreement (Darling International Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Bank to or for any breach of or deviation from any covenant, condition or duty by the Borrower Borrower, shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Credit Agreement (Platinum Energy Solutions, Inc.), Loan and Security Agreement (Great Train Store Co), Loan Agreement (Medicalcontrol Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower or Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Loan Agreement (Spacehab Inc \Wa\), Loan Agreement (Rf Monolithics Inc /De/), Loan Agreement (Spacehab Inc \Wa\)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Bank to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Credit Agreement (Englobal Corp), Term Loan Agreement (Cal Maine Foods Inc), Letter Loan Agreement (Horizon Health Corp /De/)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower any Loan Party shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp), Loan, Security and Guaranty Agreement (Quest Resource Holding Corp)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender ---------------- to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Loan and Security Agreement (Lowrance Electronics Inc), Loan and Security Agreement (Lowrance Electronics Inc), Loan and Security Agreement (Lowrance Electronics Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by of the Borrower Credit Agreement shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Credit Agreement (Astec Industries Inc), Credit Agreement (Adams Golf Inc), Credit Agreement and Promissory Note (Adams Golf Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lenders to or for any breach of or deviation from any covenant, condition or duty by the Borrower Borrowers shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Credit Agreement (KMG Chemicals Inc), Credit Agreement (KMG Chemicals Inc), Credit Agreement (KMG Chemicals Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower Borrowers shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Credit Agreement (Enova International, Inc.), Credit Agreement (Enova International, Inc.), Credit Agreement (Enova International, Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower any party hereto shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Credit Agreement (Bgsf, Inc.), Credit Agreement (Bgsf, Inc.), Credit Agreement (Bgsf, Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the any Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 5 contracts
Sources: Revolving Credit and Security Agreement (Horizon Offshore Inc), Revolving Credit and Security Agreement (Horizon Offshore Inc), Revolving Credit and Security Agreement (Horizon Offshore Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 4 contracts
Sources: Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc), Credit Agreement (Eagle Materials Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or any Bank to or for any breach of or deviation from any covenant, condition or duty by the Borrower or Holding shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 4 contracts
Sources: Credit Agreement (Jotan Inc), Credit Agreement (Jotan Inc), Credit Agreement (Jotan Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty hereunder by the Borrower Company or any other Loan Party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 4 contracts
Sources: Credit Agreement (Smithfield Foods Inc), Credit Agreement (Smithfield Foods Inc), Second Amended and Restated Credit Agreement (Smithfield Foods Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Lender or Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower any Credit Party shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 4 contracts
Sources: Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Bank to or for any breach of or deviation from any covenant, covenant or condition or duty by of the Borrower Credit Agreement shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 4 contracts
Sources: Credit Agreement (Docucorp International Inc), Credit Agreement (Docucorp International Inc), Credit Agreement (Sport Supply Group Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or Lenders to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower any Obligor shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 4 contracts
Sources: Loan and Security Agreement (Us Concrete Inc), Loan and Security Agreement (Us Concrete Inc), Loan and Security Agreement (Us Concrete Inc)
Effect of Waiver. No consent or waiver, express or implied, by any Lender or the Agent to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 4 contracts
Sources: Credit Agreement (Railtex Inc), Credit Agreement (Railtex Inc), Credit Agreement (Railtex Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by of the Borrower Agreement shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Loan and Security Agreement (Exabyte Corp /De/), Loan and Security Agreement (Exabyte Corp /De/), Loan and Security Agreement (Exabyte Corp /De/)
Effect of Waiver. No consent or waiver, express or implied, by the Agent ---------------- Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Loan and Security Agreement (Lowrance Electronics Inc), Loan and Security Agreement (Jayhawk Acceptance Corp), Loan and Security Agreement (Lowrance Electronics Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or Required Lenders to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower Loan Parties shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Revolving Credit and Security Agreement (Daseke, Inc.), Revolving Credit and Security Agreement (Daseke, Inc.), Revolving Credit and Security Agreement (Daseke, Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty hereunder by the Borrower or any other Obligor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Term Loan Agreement (Smithfield Foods Inc), Term Loan Agreement (Smithfield Foods Inc), Term Loan Agreement (Smithfield Foods Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Banks to or for any breach of or deviation from any covenant, condition or duty by the Borrower Company or any Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Credit Agreement (Encompass Services Corp), Credit Agreement (Encompass Services Corp), Credit Agreement (Encompass Services Corp)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Loan Agreement (Rf Monolithics Inc /De/), Loan Agreement (Rf Monolithics Inc /De/), Loan Agreement (Rf Monolithics Inc /De/)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any Subsidiary Loan Party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Credit Agreement (Spectralink Corp), Credit Agreement (Spectralink Corp), Credit Agreement (Spectralink Corp)
Effect of Waiver. No consent or waiver, express or implied, ----------------- by the Agent Bank to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower of this Amendment shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Loan Agreement (Pizza Inn Inc /Mo/), Loan Agreement (Pizza Inn Inc /Mo/), Loan Agreement (Pizza Inn Inc /Mo/)
Effect of Waiver. No consent or waiver, express or implied, by the Granite Agent to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Subordinated Loan Agreement (Cyalume Technologies Holdings, Inc.), Subordinated Loan Agreement (Cyalume Technologies Holdings, Inc.), Subordinated Loan Agreement (Cyalume Technologies Holdings, Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Bank to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any Guarantor shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Loan Agreement (Fossil Inc), Loan Agreement (Fossil Inc), Loan Agreement (Fossil Inc)
Effect of Waiver. No consent or waiver, express or implied, ---------------- by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any Loan Party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Credit Agreement (Renaissance Worldwide Inc), Limited Waiver of the Amended and Restated Credit Agreement (Renaissance Worldwide Inc), Limited Waiver of the Amended and Restated Credit Agreement (Renaissance Worldwide Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent and/or any of the Banks to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any obligated party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Credit Agreement (Crain Industries Inc), Credit Agreement (Crain Industries Inc), Credit Agreement (Crain Industries Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Lenders or Administrative Agent to or for any breach of or deviation from any covenant, covenant or condition by Borrowers or duty by the Borrower any other Loan Party shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Revolving Credit, Term Loan and Security Agreement (Asv Holdings, Inc.), Revolving Credit, Term Loan and Security Agreement (Asv Holdings, Inc.), Revolving Credit, Term Loan and Security Agreement (Asv Holdings, Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or Lenders to or for any breach of or deviation from any covenant, condition or duty by the Borrower Borrowers shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 3 contracts
Sources: Loan Agreement (Omega Protein Corp), Loan Agreement (Omega Protein Corp), Loan Agreement (Omega Protein Corp)
Effect of Waiver. No consent or waiver, express or implied, ---------------- by the Agent Banks to or for any breach of or deviation from any covenant, condition or duty by the Borrower Company or any Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Credit Agreement (Encompass Services Corp), Credit Agreement (Encompass Services Corp)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lenders to or for any breach of or deviation from any covenant, condition or duty by the Borrower or Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Forbearance and Amendment Agreement (Industrial Holdings Inc), Forbearance, Amendment Agreement, and Acknowledgment of Commitment Reduction (Industrial Holdings Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by any one or more of the Borrower or any other Loan Party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Credit Agreement (Fiesta Restaurant Group, Inc.), Credit Agreement (Fiesta Restaurant Group, Inc.)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Credit Agreement (Sonus Networks Inc), Credit Agreement (Sonus Networks Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower Borrowers shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Loan and Security Agreement (Englobal Corp), Loan and Security Agreement (Englobal Corp)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower Company shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Financing Agreement (Pizza Inn Inc /Mo/), Financing Agreement (Pizza Inn Inc /Mo/)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or any Bank to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Credit Agreement (Veritas DGC Inc), Credit Agreement (Veritas DGC Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower or Sandstone shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Loan Agreement (Desert Capital Reit Inc), Loan Agreement (Desert Capital Reit Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lessor to or for any breach of or deviation from any covenant, condition or duty by the Borrower Lessee shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Lease Agreement (Horizon Health Corp /De/), Lease Agreement (Horizon Health Corp /De/)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Bank to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Credit Agreement (United States Lime & Minerals Inc), Credit Agreement (United States Lime & Minerals Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or any Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower any Company shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Financing Agreement (United Fuel & Energy Corp), Financing Agreement (United Fuel & Energy Corp)
Effect of Waiver. No consent or waiver, express or implied, by the Lenders or Administrative Agent to or for any breach of or deviation from any covenant, covenant or condition by Borrowers or duty by the Borrower any other Obligor shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Revolving Credit, Term Loan and Security Agreement (Manitex International, Inc.), Revolving Credit, Term Loan and Security Agreement (A.S.V., LLC)
Effect of Waiver. No consent or waiver, express or implied, ---------------- by the Agent Purchasers to or for any breach of or deviation from any covenant, condition or duty by the Borrower Company or any Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Senior Subordinated Note Agreement (Stevens International Inc), Senior Subordinated Note Agreement (Stevens Graphics Corp)
Effect of Waiver. No consent or waiver, express or implied, ---------------- by the Agent Purchasers to or for any breach of or deviation from any covenant, condition or duty by the Borrower Company or any Guarantor shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Subordination and Intercreditor Agreement (Stevens Graphics Corp), Subordination and Intercreditor Agreement (Stevens International Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent and/or Lenders to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Revolving Credit and Security Agreement (Union Drilling Inc), Revolving Credit and Security Agreement (Union Drilling Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent to or for any breach of or deviation from any covenant, covenant or condition by Borrower or duty by the Borrower Servicer shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Loan and Servicing Agreement (Oaktree Strategic Credit Fund), Loan and Servicing Agreement (Oaktree Strategic Credit Fund)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Senior Creditor to or for any breach of or deviation from any covenant, condition or duty by the Borrower Junior Creditor, shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Subordination Agreement (Lapolla Industries Inc), Subordination Agreement (Lapolla Industries Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or the Lenders to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Loan and Security Agreement (Cal Dive International Inc), Loan and Security Agreement (Cal Dive International Inc)
Effect of Waiver. No consent or waiver, express or ---------------- implied, by the Agent Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Exim Guaranteed Loan Agreement (Scientific Measurement Systems Inc/Tx), Exim Guaranteed Loan Agreement (Scientific Measurement Systems Inc/Tx)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for any breach of or deviation from any covenant, condition or duty by the Borrower either Borrower, shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Loan and Security Agreement (White Electronic Designs Corp), Loan and Security Agreement (White Electronic Designs Corp)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or any Lender to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower any Loan Party shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Loan, Security and Guarantee Agreement (Kraton Corp), Loan, Security and Guarantee Agreement (Kraton Corp)
Effect of Waiver. No consent or waiver, express or implied, by the Agent or any Lender to or for any breach of or deviation from any covenant, condition condition, or duty by the Parent or Borrower shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition condition, or duty.
Appears in 2 contracts
Sources: Forbearance Agreement (Intervoice Brite Inc), Forbearance Agreement (Intervoice Brite Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by of the Borrower Credit Agreement shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Credit Agreement (ECA Marcellus Trust I), Credit Agreement (ECA Marcellus Trust I)
Effect of Waiver. No consent or waiver, express or implied, by Agent or the Agent Banks to or for any breach of or deviation from any covenant, covenant or condition by Borrower or duty by the Borrower any other Company shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Credit Agreement (Frozen Food Express Industries Inc), Credit Agreement (Frozen Food Express Industries Inc)
Effect of Waiver. No consent or waiver, express or implied, by Agent or the Agent Banks to or for any breach of or deviation from any covenant, condition or duty by the Borrower or any Obligated Party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Credit Agreement (Richmont Marketing Specialists Inc), Credit Agreement (Richmont Marketing Specialists Inc)
Effect of Waiver. No consent or waiver, express or implied, by the Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower Loan Parties shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De), Revolving Credit, Term Loan and Security Agreement (PHI Group, Inc./De)
Effect of Waiver. No consent or waiver, express or implied, by the Agent Lender to or for of any breach of or deviation from any covenant, covenant or condition of the Agreement or duty by the Borrower shall be deemed a consent or waiver to or of any other breach of or deviation from the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Loan and Security Agreement (Sun Coast Industries Inc /De/), Loan and Security Agreement (Sun Coast Industries Inc /De/)
Effect of Waiver. No consent or waiver, express or implied, by the Lenders or Agent to or for any breach of or deviation from any covenant, covenant or condition or duty by the Borrower Borrowers shall be deemed a consent to or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Revolving Credit and Security Agreement (Englobal Corp), Revolving Credit and Security Agreement and Forbearance Agreement (Englobal Corp)
Effect of Waiver. No consent or waiver, express or implied, by the Administrative Agent or any Lender to or for any breach of or deviation from any covenant, condition or duty by the any Borrower or any other Loan Party shall be deemed a consent or waiver to or of any other breach of the same or any other covenant, condition or duty.
Appears in 2 contracts
Sources: Credit Agreement (Valmont Industries Inc), Credit Agreement (Valmont Industries Inc)