Grouped Into 94 Collections of Similar Clauses From Business Contracts
This page contains No Waiver clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
No Waiver. Should the Company fail to require strict compliance with any term or condition of this Release, such failure shall not be deemed a waiver of such terms or conditions, nor shall the Company's failure to enforce any right it may have preclude it from thereafter enforcing its rights under this Release.
No Waiver. Should the Company fail to require strict compliance with any term or condition of this Release, Agreement, such failure shall not be deemed a waiver of such terms or conditions, nor shall the Company's failure to enforce any right it may have preclude it from thereafter enforcing its rights under this Release. Agreement.
No Waiver. Nothing contained in this Amendment (or in any other agreement or understanding between the parties) shall constitute a waiver of, or shall otherwise diminish or impair, the Lender's rights or remedies under the Loan Agreement or any of the other Loan Documents, or under applicable law.
No Waiver. Nothing Except as expressly provided in Section 2 above, nothing contained in this Amendment (or in any other agreement or understanding between the parties) shall constitute a waiver of, or shall otherwise diminish or impair, the Lender's rights or remedies under the Loan Agreement or any of the other Loan Documents, or under applicable law.
No Waiver. No failure or delay on the part of the Collateral Agent in exercising any right, power or privilege hereunder or under the UCC or any other applicable law shall operate as a waiver hereof or thereof; nor shall any single or partial exercise of any right, power, or privilege hereunder or under the UCC or any other applicable law preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. No notice to or demand on the Collateral Ag...ent in any case shall entitle Debtor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Collateral Agent to any other or further action in any circumstances without notice or demand.View More
No Waiver. No failure or delay on the part of the Collateral Agent Eagle in exercising any right, power or privilege hereunder or under the UCC or any other applicable law shall operate as a waiver hereof or thereof; nor shall any single or partial exercise of any right, power, or privilege hereunder or under the UCC or any other applicable law preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder or thereunder. No notice to or demand on the Collate...ral Agent Eagle in any case shall entitle Hawkeye or Debtor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Collateral Agent Eagle to any other or further action in any circumstances without notice or demand. View More
No Waiver. Waiver by a Party of any breach of any provision of this Settlement Agreement by another Party shall not operate or be construed as a waiver of any subsequent or Confidential Settlement Agreement EXECUTION VERSION other breach. No provision of this Settlement Agreement may be waived except by a written instrument signed by the Party waiving compliance.
No Waiver. Waiver by a Party of any breach of any provision of this Settlement Agreement by another Party shall not operate or be construed as a waiver of any subsequent or Confidential Settlement Agreement EXECUTION VERSION other breach. No provision of this Settlement Agreement may be waived except by a written instrument signed by the Party waiving compliance.
No Waiver. No waiver by either Purchaser or any Seller of any failure or refusal to comply with Purchaser's or any Seller's, as applicable, obligations under this Agreement shall be deemed a waiver of any other or subsequent failure or refusal to so comply.
No Waiver. No waiver by either Purchaser or any Seller of any failure or refusal to comply with any of Purchaser's or any and Seller's, as applicable, obligations under this Agreement shall be deemed a waiver of any other or subsequent failure or refusal to so comply.
No Waiver. Other than the First Waiver and Amendment, this Second Waiver and Amendment, and the Forbearance Agreement, no settlement, agreement or understanding (A) entered into with respect to the Finance Documents or (B) purporting to amend, modify or qualify the Finance Documents or to waive any rights or obligations set forth therein shall constitute a legally binding agreement or contract, or have any force or effect whatsoever, unless and until signed, or specifically agreed, pursuant to the terms an...d conditions of Clause 28.1 of the Loan Agreement.View More
No Waiver. Other than the First Waiver and Amendment, this Second Waiver and Amendment, and the Forbearance Agreement, no settlement, agreement or understanding (A) entered into with respect to the Finance Documents or (B) purporting to amend, modify or qualify the Finance Documents or to waive any rights or obligations set forth therein shall constitute a legally binding agreement or contract, or have any force or effect whatsoever, unless and until signed, or specifically agreed, pursuant to the terms an...d conditions of Clause 28.1 of the Loan Agreement. View More
No Waiver. If the transactions contemplated herein are not consummated, or following the occurrence of a Termination Date, if applicable, nothing herein shall be construed as a waiver by any Party of any or all of such Party's rights, and the Parties expressly reserve any and all of their respective rights. The Parties acknowledge that this Agreement, the Plan, and all negotiations relating hereto are part of a proposed settlement of matters that could otherwise be the subject of litigation. Pursuant to Ru...le 408 of the Federal Rules of Evidence, any applicable state rules of evidence, and any other applicable law, foreign or domestic, this Agreement, the Plan, any related documents, and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce the terms of this Agreement.View More
No Waiver. If the transactions contemplated herein are not consummated, or following the occurrence of a Termination Date, if applicable, nothing herein shall be construed as a waiver by any Party of any or all of such Party's rights, rights and the Parties expressly reserve any and all of their respective rights. The Parties acknowledge that this Agreement, the Acceptable Plan, and all negotiations relating hereto are part of a proposed settlement of matters that could otherwise be the subject of litigati...on. Pursuant to Rule 408 of the Federal Rules of Evidence, any applicable state rules of evidence, evidence and any other applicable law, foreign or domestic, this Agreement, the Acceptable Plan, any related documents, and all negotiations relating thereto shall not be admissible into evidence in any proceeding other than a proceeding to enforce the terms its terms. 16 17. Several, Not Joint, Obligations. The agreements, representations and obligations of each Consenting Noteholder under this Agreement. Agreement are, in all respects, several and not joint. View More
No Waiver. Any failure or forbearance by Employer or Employee to exercise any right or remedy with respect to enforcement of this Agreement shall not be construed as a waiver of Employer's or Employee's rights or remedies, nor shall such failure or forbearance operate to modify this Agreement or such instruments in the absence of a writing. No waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties to this Agreement. The waiver by Employer or Employee of any... provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach, nor shall any waiver operate or be construed as a rescission of this Agreement.View More
No Waiver. Any failure or forbearance by Employer or Employee to exercise any right or remedy with respect to enforcement of this Agreement shall not be construed as a waiver of Employer's or Employee's rights or remedies, nor shall such failure or forbearance operate to modify this Agreement or such instruments in the absence of a writing. No waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties to this Agreement. The waiver by Employer or Employee of any... provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach, nor shall any waiver operate or be construed as a rescission of this Agreement. 11 17.Successors. The provisions of this Agreement shall inure to the benefit of the parties and its and their representatives, successors and assigns, and shall be binding upon the parties and their respective heirs, administrators, successors and assigns. Notwithstanding the foregoing, this Agreement is personal to Employee and without the prior written consent of Employer shall not be assignable by Employee, and any assignment in violation of this Agreement shall be void. View More
No Waiver. The failure of either party to enforce at any time the provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, will in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each and every such provision thereafter. The express waiver by either party of any provision, condition or requirement of this Agreement will not constitute a wa...iver of any future obligation to comply with such provision, condition, or requirement.View More
No Waiver. No waiver of any term or condition of this Agreement shall be valid or binding on either party unless the same shall be been mutually assented to in writing by both parties. The failure of either party to enforce at any time any of the provisions of this Agreement, or the failure to require at any time performance by the other party of any of the provisions of this Agreement, will shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of... either party to enforce each and every such provision thereafter. The express waiver by either party of any provision, condition or requirement of this Agreement will shall not constitute a waiver of any future obligation to comply with such provision, condition, condition or requirement. View More
No Waiver. No Forbearance Defaults or other Events of Default are being waived hereby, and all such Forbearance Defaults and other Events of Default which exist on the date of this Amendment shall continue to exist unless waived in writing by the Lender after the date of execution of this Amendment. -9- 15. Representations and Warranties. (a) Each of the Borrower and the Guarantors hereby represents and warrants to the Lender, with the intention that the Lender shall rely thereon without any investigation ...or verification by the Lender or its counsel, that this Amendment has been duly executed and delivered on behalf of the Borrower and the Guarantors, and that the execution, delivery and performance of this Amendment has been duly authorized by all necessary action on the part of the Borrower and the Guarantors. The Borrower acknowledges, represents and warrants that it will automatically continue to be bound by the Credit Agreement and the Forbearance Agreement after the consummation of the Lilis Merger. (b) By its execution of the acknowledgement hereof, Lilis represents and warrants to the Lender, with the intention that the Lender shall rely thereon without any investigation or verification by the Lender or its counsel, that this Amendment has been duly executed and delivered on behalf Lilis, and that the execution, delivery and performance of this Amendment has been duly authorized by all necessary action on the part of Lilis.View More
No Waiver. No Forbearance Defaults or other Events of Default are being waived hereby, and all such Forbearance Defaults and other Events of Default which exist on the date of this Amendment shall continue to exist unless waived in writing by the Lender after the date of execution of this Amendment. -9- 15. Representations 9. Representation and Warranties. (a) Each of the Borrower and the Guarantors hereby represents and warrants to the Lender, with the intention that the Lender shall rely thereon without ...any investigation or verification by the Lender or its counsel, that this Amendment has been duly executed and delivered on behalf of the Borrower and the Guarantors, and that the execution, delivery and performance of this Amendment has been duly authorized by all necessary action on the part of the Borrower and the Guarantors. The Borrower acknowledges, represents and warrants that it will automatically continue to be bound by the Credit Agreement and the Forbearance Agreement after the consummation of the Lilis Merger. (b) By its execution of the acknowledgement hereof, Lilis represents and warrants to the Lender, with the intention that the Lender shall rely thereon without any investigation or verification by the Lender or its counsel, that this Amendment has been duly executed and delivered on behalf Lilis, and that the execution, delivery and performance of this Amendment has been duly authorized by all necessary action on the part of Lilis.View More
