Common use of No Waiver; Modifications in Writing Clause in Contracts

No Waiver; Modifications in Writing. No failure or delay on the part of the Lender in exercising any right, power or remedy pursuant to the Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documents, nor any consent by the Lender to any departure by Borrower therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents and any consent by the Lender to any departure by Borrower from the terms of any provision of the Documents shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Sources: Securities Purchase Agreement (Amarantus Bioscience Holdings, Inc.), Securities Purchase Agreement

No Waiver; Modifications in Writing. No failure or delay on the part of the Lender in exercising any right, power or remedy pursuant to the Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documents, nor any consent by the Lender to any departure by Borrower therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents and any consent by the Lender to any departure by Borrower from the terms of any provision of the Documents shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Sources: Loan and Security Agreement (Zones Inc), Loan and Security Agreement (Medicus Systems Corp /De/)

No Waiver; Modifications in Writing. No failure or delay on the part of the Lender Agent in exercising any right, power or remedy pursuant to the Related Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Related Documents, nor any consent by the Lender Agent to any departure by Borrower Debtor therefrom, shall be effective unless the same shall be in writing and signed by the LenderAgent. Any waiver of any provision of the Documents and any consent by the Lender Agent to any departure by Borrower Debtor from the terms of any provision of the Related Documents shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Borrower Debtor in any case shall entitle Borrower Debtor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Sources: Security Agreement (Travis Boats & Motors Inc)

No Waiver; Modifications in Writing. (a) No failure or delay on the part of the Lender in any Secured Party exercising any right, power or remedy pursuant to the Documents hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, thereof or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documents, nor any consent by the Lender to any departure by Borrower therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents this Agreement or any other Facility Document, and any consent by the Lender to any departure by Borrower any party to this Agreement or any other Facility Document from the terms of any provision of the Documents this Agreement or such other Facility Document, shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Borrower or the Servicer in any case shall entitle the Borrower or the Servicer to any other or further notice or demand in similar or other circumstances. (a) No amendment, modification, supplement or waiver of this Agreement shall be effective unless signed by the Borrower, the Servicer, the Administrative Agent and the Required Lenders; provided that:

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Blackstone Secured Lending Fund)

No Waiver; Modifications in Writing. No failure or delay on the part of the Lender in exercising any right, power or remedy pursuant to the Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documents, nor any consent by the Lender to any departure by Borrower therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents and any consent by the Lender to any departure by Borrower from the terms of any provision of the Documents shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Sources: Note Purchase Agreement (Blue Calypso, Inc.)

No Waiver; Modifications in Writing. No Any failure or delay on the part of the Lender in exercising any right, power or remedy pursuant to the Documents shall not operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of or to any provision of the Documents, nor any consent by the Lender to any departure by Borrower therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents and any consent by the Lender to any departure by Borrower from the terms of any provision of the Documents shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Sources: Loan Agreement (Rohn Industries Inc)

No Waiver; Modifications in Writing. No failure or delay on the part of the Lender in exercising any right, power or remedy pursuant to the Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise exer­cise thereof, or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documents, nor any consent by the Lender to any departure by any Borrower therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents and any consent by the Lender to any departure by any Borrower from the terms of any provision of the Documents shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on any Borrower in any case shall entitle any Borrower to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Sources: Loan and Security Agreement (Zones Inc)

No Waiver; Modifications in Writing. (a) No failure or delay on the part of the Lender in any Secured Party exercising any right, power or remedy pursuant to the Documents hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, thereof or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documents, nor any consent by the Lender to any departure by Borrower therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents this Agreement or any other Facility Document and any consent by the Lender to any departure by Borrower any party to this Agreement or any other Facility Document from the terms of any provision of the Documents this Agreement or such other Facility Document, shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Borrower the Borrower, the Collateral Manager or the Equityholder in any case shall entitle Borrower the Borrower, the Collateral Manager or the Equityholder to any other or further notice or demand in similar or other circumstances. (b) No amendment, modification, supplement or waiver of this Agreement shall be effective unless signed by the Borrower, the Collateral Manager, the Equityholder, the Administrative Agent and the Required Lenders; provided that:

Appears in 1 contract

Sources: Credit and Security Agreement (Owl Rock Technology Income Corp.)

No Waiver; Modifications in Writing. (a) No failure or delay on the part of the Lender in any Secured Party exercising any right, power or remedy pursuant to the Documents hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, thereof or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documents, nor any consent by the Lender to any departure by Borrower therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents this Agreement, and any consent by the Lender to any departure by Borrower any party to this Agreement from the terms of any provision of the Documents this Agreement, shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on the Borrower in any case shall entitle the Borrower to any other or further notice or demand in similar or other circumstances. (b) No amendment, modification, supplement or waiver of this Agreement shall be effective unless signed by the Borrower, the Administrative Agent and the Required Lenders, provided that any Fundamental Amendment shall require the written consent of all Lenders.

Appears in 1 contract

Sources: Revolving Credit and Security Agreement (Upstart Holdings, Inc.)

No Waiver; Modifications in Writing. No failure or delay on the part of the Lender Lenders in exercising any right, power or remedy pursuant to the Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documents, nor any consent by the Lender Lenders to any departure by Borrower therefrom, shall be effective unless the same shall be in writing and signed by the LenderLenders. Any waiver of any provision of the Documents and any consent by the Lender Lenders to any departure by Borrower from the terms of any provision of the Documents shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Sources: Standby Bridge Financing Agreement (Jaguar Animal Health, Inc.)

No Waiver; Modifications in Writing. (a) No failure or delay on the part of the Lender in any Secured Party exercising any right, power or remedy pursuant to the Documents hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, thereof or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documents, nor any consent by the Lender to any departure by Borrower therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents this Agreement or any other Facility Document and any consent by the Lender to any departure by Borrower any party to this Agreement or any other Facility Document from the terms of any provision of the Documents this Agreement or such other Facility Document, shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Borrower the Borrower, the Collateral Manager or the Equityholder in any case shall entitle Borrower the Borrower, the Collateral Manager or the Equityholder to any other or further notice or demand in similar or other circumstances. (b) No amendment, modification, supplement or waiver of this Agreement shall be effective unless signed by the Borrower, the Collateral Manager, the Equityholder, the Administrative Agent and the Required Lenders (with notice to the Collateral Agent); provided that:

Appears in 1 contract

Sources: Credit and Security Agreement (LGAM Private Credit LLC)

No Waiver; Modifications in Writing. No failure or delay on the part of the Lender in exercising any right, power or remedy pursuant to the Documents this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise exer­cise thereof, or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documentsthis Agreement, nor any consent by the Lender to any departure by Borrower Debtors therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents this Agreement and any consent by the Lender to any departure by Borrower Debtors from the terms of any provision of the Documents this Agreement shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Borrower Debtors in any case shall entitle Borrower Debtors to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Sources: Security Agreement (Midwest Energy Emissions Corp.)

No Waiver; Modifications in Writing. No failure or delay on the part of the Lender Lenders in exercising any right, power or remedy pursuant to the Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documents, nor any consent by the Lender to any departure by Borrower therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents and any consent by the Lender to any departure by Borrower from the terms of any provision of the Documents shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Sources: Bridge Financing Agreement (Intercloud Systems, Inc.)

No Waiver; Modifications in Writing. No failure or delay on the part of the Lender in exercising any right, power or remedy pursuant to the Documents shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification, supplement, termination or waiver of any provision of the Documents, nor any consent by the Lender to any departure by any Borrower or any Guarantor therefrom, shall be effective unless the same shall be in writing and signed by the Lender. Any waiver of any provision of the Documents and any consent by the Lender to any departure by any Borrower or any Guarantor from the terms of any provision of the Documents shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on any Borrower or any Guarantor in any case shall entitle any Borrower or any Guarantor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Sources: Loan and Security Agreement (Travis Boats & Motors Inc)