No Implied Waivers Contract Clauses (110)

Grouped Into 8 Collections of Similar Clauses From Business Contracts

This page contains No Implied Waivers clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
No Implied Waivers. Each of the Borrower and each other Loan Party acknowledges and agrees that this Amendment shall not constitute a waiver, express or implied, of any Default, Event of Default, covenant, term or provision of the Credit Agreement or any other Loan Document, nor shall it create any obligation, express or implied, on the part of the Administrative Agent or any Lender to waive, or to consent to any amendment of, any existing or future Default, Event of Default or violation of any covenant, term or pr...ovision of any Loan Document. The Administrative Agent and the Lenders shall be entitled to require strict compliance with the Loan Documents, notwithstanding the limited, express consent and waiver contained herein, and nothing herein shall be deemed to establish a course of action or a course of dealing with respect to requests by the Borrower or any other Loan Party for waivers or amendments of any Default, Event of Default, covenant, term or provision of any Loan Document. View More
Found in Maximus Inc contract
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No Implied Waivers. Each of the Borrower and each other Loan Party acknowledges and agrees that this Amendment the amendments contained herein shall not constitute a waiver, express or implied, of any Default, Event of Default, covenant, term or provision of the Credit Agreement or any of the other Loan Document, Documents, nor shall it they create any obligation, express or implied, on the part of the Administrative Agent or any other Lender to waive, or to consent to any amendment of, any existing or future Defau...lt, Event of Default or violation of any covenant, term or provision of the Credit Agreement or any of the other Loan Document. Documents. The Administrative Agent and the Lenders shall be entitled to require strict compliance by the Borrower and the other Loan Parties with the Credit Agreement and each of the other Loan Documents, notwithstanding the limited, express consent and waiver contained herein, and nothing herein shall be deemed to establish a course of action or a course of dealing with respect to requests by the Borrower or any other Loan Party for waivers or amendments of any Default, Event of Default, covenant, term or provision of the Credit Agreement or any of the other Loan Document. Documents. View More
Found in Liberty Tax, Inc. contract
No Implied Waivers. Each of the Borrower and each other Loan Party acknowledges and agrees that this Amendment the amendments contained herein and the other Modification Documents shall not constitute a waiver, express or implied, of any Default, Event of Default, covenant, term or provision of the Credit Agreement or any of the other Loan Document, Documents, nor shall it they create any obligation, express or implied, on the part of the Administrative Agent or any other Lender to waive, or to consent to any amend...ment of, any existing or future Default, Event of Default or violation of any covenant, term or provision of the Credit Agreement or any of the other Loan Document. Documents. The Administrative Agent and the Lenders shall be entitled to require strict compliance by the Borrower and the other Loan Parties with the Credit Agreement and each of the other Loan Documents, notwithstanding the limited, express consent and waiver contained herein, and nothing herein shall be deemed to establish a course of action or a course of dealing with respect to requests by the Borrower or any other Loan Party for waivers or amendments of any Default, Event of Default, covenant, term or provision of the Credit Agreement or any of the other Loan Document. Documents. View More
Found in Maximus Inc contract
No Implied Waivers. Each of the Borrower and each other Loan Party Borrowers acknowledges and agrees that this Waiver and Amendment shall not constitute a waiver, express or implied, of any Default, Event of Default, covenant, term or provision of the Credit Loan Agreement or any other Loan Document, other than the limited express waiver contained herein with respect to the Specified Defaults, nor shall it create any obligation, express or implied, on the part of the Administrative Agent or any Lender to waive, or ...to consent to any amendment of, any existing or future Default, Event of Default or violation of any covenant, term or provision of any Loan Document. The Administrative Agent and the Lenders shall be entitled to require strict compliance by the 8 Borrowers with the Loan Documents, notwithstanding the limited, express consent and waiver contained herein, and nothing herein shall be deemed to establish a course of action or a course of dealing with respect to requests by the Borrower Company or any other Loan Party Borrower for waivers or amendments of any Default, Event of Default, covenant, term or provision of any Loan Document. View More
Found in NCI, Inc. contract
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No Implied Waivers. Except as expressly set forth in this Amendment, this Amendment shall not, by implication or otherwise, limit, impair, constitute a waiver of or otherwise affect any rights or remedies of the Holders under the Notes or alter, modify, amend or in any way affect any of the terms, obligations or covenants contained in the Notes, all of which shall continue in full force and effect. Nothing in this Amendment shall be construed to imply any willingness on the part of the Holders to agree to or grant ...any similar or future consent or waiver of any of the terms and conditions of the Notes. View More
Found in Xtant Medical Holdings, Inc. contract
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No Implied Waivers. Except as expressly set forth in this Amendment, Amendment and Waiver, this Amendment and Waiver shall not, by implication or otherwise, limit, impair, constitute a waiver of or otherwise affect any rights or remedies of the Holders Lender under the Notes Credit Agreement or alter, modify, amend or in any way affect any of the terms, obligations or covenants contained in the Notes, Credit Agreement, other than as expressly set forth herein, all of which shall continue in full force and effect. N...othing in this Amendment and Waiver shall be construed to imply any willingness on the part of the Holders Lender to agree to or grant any similar or future consent amendment or waiver of any of the terms and conditions of the Notes. Credit Agreement. View More
Found in Natera, Inc. contract
No Implied Waivers. Except as expressly set forth in this Amendment, Waiver, this Amendment Waiver shall not, by implication or otherwise, limit, impair, constitute a waiver of or otherwise affect any rights or remedies of the Holders Lenders under the Notes or alter, modify, amend or in any way affect any of the terms, obligations or covenants contained in the Notes, all of which shall continue in full force and effect. Nothing in this Amendment Waiver shall be construed to imply any willingness on the part of the... Holders Lenders to agree to or grant any similar or future consent or waiver of any of the terms and conditions of the Notes. View More
Found in Xtant Medical Holdings, Inc. contract
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No Implied Waivers. The failure of Landlord to insist at any time upon the strict performance of any covenant or agreement or to exercise any option, right, power, or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. The waiver of or redress for any violation of any term, covenant, agreement, or condition contained in this Lease shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force and effect of ...an original violation. No express waiver shall affect any condition other than the one specified in such waiver and that one only for the time and in the manner specifically stated. A receipt by Landlord of any rent with knowledge of the breach of any covenant or agreement contained in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. No payment by Tenant or receipt by Landlord of a lesser amount than the monthly installment of rent due under this Lease shall be deemed to be other than on account of the earliest rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent or pursue any other remedy in this Lease provided. View More
Found in DIRECTVIEW HOLDINGS INC contract
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No Implied Waivers. The Landlord's failure of Landlord to insist at any time upon on the strict performance of any covenant or agreement agreement, or its failure to exercise any option, right, power, power or remedy contained in this Lease Lease, shall not be construed as a waiver or a relinquishment thereof for the future. The waiver of or redress for any violation of any term, covenant, agreement, or condition contained in this Lease shall not prevent a subsequent act, which would act being a violation. Landlord... shall be considered to have originally constituted waived a violation, from having all the force and effect provision of an original violation. this Lease only BIOCENTER LEASE AGREEMENT – SUITES 226 AND 227 PAGE 37 if specifically expressed in a writing signed by Landlord. No express expressed waiver shall affect any condition matter other than the one specified in such the waiver and that one only for the time and in the manner specifically stated. A Landlord's receipt by Landlord of any rent Rent with knowledge of the breach of any a covenant or agreement contained in this Lease shall not be deemed a waiver of such breach, and no waiver by Landlord of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. the breach. No payment by Tenant or receipt acceptance by Landlord of a lesser amount than the monthly installment of rent Rent due under this Lease shall be deemed to be considered other than on account of the earliest rent Rent due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent Rent be deemed an accord and satisfaction, and satisfaction. Landlord may accept such a check or payment without prejudice to Landlord's right to recover the balance of such rent the Rent due or to pursue any other remedy provided in this Lease provided. Lease. View More
Found in Peloton Therapeutics, Inc. contract
No Implied Waivers. The failure of Landlord either party to insist at any time upon the strict performance of any covenant or agreement in this Lease or to exercise any option, right, power, power or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. The waiver of or redress for any violation of any term, covenant, agreement, or condition contained in this Lease shall not prevent a subsequent act, which would have originally constituted a violation, from ha...ving all the force and effect of an original violation. No express waiver shall affect any condition other than the one specified in such waiver and that one only for the time and in the manner specifically stated. A receipt acceptance by Landlord of any rent with knowledge of the breach of any covenant or agreement contained in this Lease late payments shall not be deemed construed as a waiver of such breach, and no waiver by Landlord of any provision the requirement for timely payment nor create a course of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. No dealing permitting such late payments. Any payment by Tenant or receipt by Landlord of a lesser amount than the monthly installment of rent Rent due under this Lease shall be deemed to be other than on account of the earliest rent Rent due hereunder, nor shall any hereunder. No endorsement or statement on any check or any letter accompanying any check or payment as rent Rent shall be deemed an accord and satisfaction, and Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such rent Rent or pursue any other remedy provided in this Lease provided. Lease. View More
Found in Aptinyx Inc. contract
No Implied Waivers. The failure of Landlord either party to insist at any time upon the strict performance of any covenant or agreement or to exercise any option, right, power, or remedy contained in this Lease shall not be construed as a waiver or a relinquishment thereof for the future. The waiver of or redress for any violation of any term, covenant, agreement, or condition contained in this Lease shall not prevent a subsequent act, which would have originally constituted a violation, from having all the force a...nd effect of an original violation. No express waiver shall affect any condition other than the one specified in such waiver and that one only for the time and in the manner specifically stated. A receipt by Landlord of any rent with knowledge of the breach of any covenant or agreement contained in this Lease shall not be deemed a waiver of such breach, and no breach. No waiver by Landlord either party of any provision of this Lease shall be deemed to have been made unless expressed in writing and signed by Landlord. such party. No payment by Tenant or receipt by Landlord either party of a lesser amount than the monthly installment of rent amount due under this Lease shall be deemed to be other than on account of the earliest rent payment due hereunder, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as rent be deemed an accord and satisfaction, and Landlord either party may accept such check or payment without prejudice to Landlord's its right to recover the balance of such rent or pursue any other remedy in this Lease provided. View More
Found in A. H. Belo Corp contract
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No Implied Waivers. No failure or delay on the part of Credit Parties in exercising, and no course of dealing with respect to, any right, power or privilege under this Agreement, the Credit Agreement, the Notes, the Security Instruments, the Guaranties, or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement, the Credit Agreement, the Notes, the Guaranties, or any other Loan Document preclude any other or further ex...ercise thereof or the exercise of any other right, power or privilege. View More
Found in Emerald Oil, Inc. contract
No Implied Waivers. No failure or delay on the part of Credit Parties any Forbearing Lender in exercising, and no course of dealing with respect to, any right, power or privilege under this Agreement, the Credit Agreement, the Notes, the Security Instruments, the Guaranties, Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement, the Credit Agreement, the Notes, the Guaranties, Agreement or any other Loan... Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege. View More
Found in SAExploration Holdings, Inc. contract
No Implied Waivers. No failure or delay on the part of Credit Parties the Administrative Agent, the Swingline Lender, any Lender or the Issuing Bank in exercising, and no course of dealing with respect to, any right, power or privilege under this Agreement, the Credit Agreement, the Notes, the Security Instruments, the Guaranties, Agreement or any other Loan Document shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege under this Agreement, the Credit Agreemen...t, the Notes, the Guaranties, Agreement or any other Loan Document preclude any other or further exercise thereof or the exercise of any other right, power or privilege. View More
Found in TUESDAY MORNING CORP contract
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No Implied Waivers. Any delay in the exercise of or any failure to exercise any right or remedy of Senior Lender shall not be deemed a waiver of any such right or remedy. 4 17. Binding Effect. This Subordination Agreement shall be binding upon the parties and their respective successors, transferees and assigns. Each reference in this Subordination Agreement to Preferred Unit Holder shall include any assignee or transferee of the Junior Obligations, and each reference in this Subordination Agreement to Senior Lende...r shall include any assignee or transferee of the Senior Debt and the Senior Liens. View More
Found in Direct Digital Holdings, Inc. contract
No Implied Waivers. Any delay in the exercise of or any failure to exercise any right or remedy of Senior Lender any party to this Subordination Agreement shall not be deemed a waiver of any such right or remedy. Page 4 17. Binding Effect. This Subordination Agreement shall be binding upon the parties and their respective successors, transferees and assigns. Each reference in this Subordination Agreement to Preferred Unit Holder Junior Lenders shall include any assignee or transferee of the Junior Obligations, Debt... and the Junior Liens, and each reference in this Subordination Agreement to Senior Lender shall include any assignee or transferee of the Senior Debt and the Senior Liens. View More
Found in AMERICAN POWER GROUP Corp contract
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No Implied Waivers. No delay or omission on the part of the Secured Parties in exercising any right or remedy created by, connected with or provided for in this Agreement or arising from any default by Debtor, shall be construed as or be deemed to be an acquiescence in or a waiver of such default or a waiver of or limitation upon the right of the Secured Parties to exercise, at any time and from time to time thereafter, any right or remedy under this Agreement. No waiver of any breach of any of the covenants or con...ditions in this Agreement shall be deemed to be a waiver of or acquiescence in or consent to any previous or subsequent breach of the same or any other covenant or condition. View More
Found in Desert Hawk Gold Corp. contract
No Implied Waivers. No delay or omission on the part of the Secured Parties Party in exercising any right or remedy created by, connected with or provided for in this Agreement or arising from any default by Debtor, Debtor or by any other person or entity the performance of whose obligations is secured hereby, shall be construed as or be deemed to be an acquiescence in or a waiver of such default or a waiver of or limitation upon the right of the Secured Parties Party to exercise, at any time and from time to time ...thereafter, any right or remedy under this Agreement. Agreement, provided that until such time as the Secured Party shall have exercised any right in connection with any default under this Agreement, the Debtor shall be entitled to cure such default as provided for herein and the Secured Party may not, thereafter, exercise any rights against such prior cured default. No waiver of any breach of any of the covenants or conditions in this Agreement shall be deemed to be a waiver of or acquiescence in or consent to any previous or subsequent breach of the same or any other covenant or condition. View More
Found in ENDONOVO THERAPEUTICS, INC. contract
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No Implied Waivers. The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of ...the same or any other obligation. However, if the Licensee pays the Licensor less than $1000 US per month on average during any 8 month period which starts after November 12, 2017, this license will no longer be exclusive. The Licensor must give 30 days notice in writing, during which time the Licensee can pay the outstanding amount and keep the license exclusive. 3 11. NO AGENCY RELATIONSHIP. This Agreement creates a licensor- licensee relationship between the Parties. Nothing in this Agreement shall be construed to establish a joint venture, agency, or partnership relationship between the Parties. However, if the Licensee pays the Licensor less than $1000 US per month on average during any 8 month period which starts after November 12, 2017, this license will no longer be exclusive. View More
Found in Celebiddy, Inc. contract
No Implied Waivers. The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such Party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of ...the same or any other obligation. However, if the Licensee pays the Licensor less than $1000 US per month on average during any 8 month period which starts after November 12, 2017, this license will no longer be exclusive. The Licensor must give 30 days notice in writing, during which time the Licensee can pay the outstanding amount and keep the license exclusive. 3 11. NO AGENCY RELATIONSHIP. This Agreement creates a licensor- licensee relationship between the Parties. Nothing in this Agreement shall be construed to establish a joint venture, agency, or partnership relationship between the Parties. However, if the Licensee pays the Licensor less than $1000 US per month on average during any 8 month period which starts after November 12, 2017, this license will no longer be exclusive. View More
Found in Celebiddy, Inc. contract
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No Implied Waivers. No failure to exercise, delay in exercising or partial exercise of any right or remedy hereunder shall operate as a waiver of any provision of this Warrant. No waiver of any provision of this Warrant shall operate as a waiver of any other provision (whether or not similar), nor shall it operate as a continuing waiver, unless so provided in writing by the waiving party.
Found in TriVascular Technologies, Inc. contract
No Implied Waivers. No failure to exercise, delay in exercising or partial exercise of any right or remedy hereunder shall operate as a waiver of any provision of this Warrant. No waiver of any provision of this Warrant shall operate as a waiver of any other provision (whether or not similar), nor shall it operate as a continuing waiver, unless so provided in writing by the waiving party. -3- 20. Remedies Cumulative. All remedies afforded to any party hereto, either under this Warrant or by law or otherwise, shall ...be cumulative and not alternative. View More
Found in TriVascular Technologies, Inc. contract
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