No Waiver; Remedies. No failure on the part of any Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 182 contracts
Samples: Intercreditor Agreement (Gap Inc), Intercreditor Agreement (Gap Inc), Credit Agreement (SiteOne Landscape Supply, Inc.)
No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 126 contracts
Samples: Credit Agreement (Latham Group, Inc.), Credit Agreement (Latham Group, Inc.), Credit and Guaranty Agreement (Black Knight, Inc.)
No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 84 contracts
Samples: Note Funding Agreement (Horizon Technology Finance Corp), Note Funding Agreement (Horizon Technology Finance Corp), Note Funding Agreement (Horizon Technology Finance Corp)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any Secured Party or any holder of a Note to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 25 contracts
Samples: Credit Agreement (U.S. Shipping Partners L.P.), Subsidiary Guaranty (Prosource Inc), Patent Security Agreement (Dri I Inc)
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.7, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 19 contracts
Samples: Credit Agreement (Hi-Crush Partners LP), Credit Agreement (Hi-Crush Partners LP), Credit Agreement (Nine Energy Service, Inc.)
No Waiver; Remedies. No failure on the part of any Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 15 contracts
Samples: Credit Agreement (Lubrizol Corp), Pledge Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Sealed Air Corp/De)
No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies remedy provided by law.
Appears in 15 contracts
Samples: Security and Pledge Agreement (International Fast Food Corp), Reimbursement Agreement (International Fast Food Corp), Addendum (International Fast Food Corp)
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.4, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 15 contracts
Samples: Pledge Agreement (Coeur Mining, Inc.), Credit Agreement (Empire Resources Inc /New/), Credit Agreement (Hanesbrands Inc.)
No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 14 contracts
Samples: Second Lien Pledge Agreement and Irrevocable Proxy (Energy XXI LTD), Second Lien Notes Pledge and Security Agreement (Reddy Ice Holdings Inc), Pledge and Security Agreement (Reddy Ice Holdings Inc)
No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 13 contracts
Samples: Credit Agreement (Sensata Technologies Holding PLC), Credit Agreement (Quintiles Transnational Holdings Inc.), Credit Agreement (Quintiles Transnational Holdings Inc.)
No Waiver; Remedies. No failure on the part of any Credit Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawthe Law.
Appears in 12 contracts
Samples: Parent Guaranty Agreement, Parent Guaranty Agreement (Gilead Sciences Inc), Credit Agreement (Gilead Sciences Inc)
No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 12 contracts
Samples: Intercreditor Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Horizon Global Corp), Loan Agreement (Horizon Global Corp)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.4, no failure on the part of any the Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 11 contracts
Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement
No Waiver; Remedies. No In addition to, and not in limitation of, Sections 2.3 and 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 11 contracts
Samples: Credit Agreement (Sabre Industries, Inc.), Credit Agreement (Hanesbrands Inc.), Parent Guaranty (Hecla Mining Co/De/)
No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawthe Law.
Appears in 10 contracts
Samples: Credit Agreement (Integra Lifesciences Holdings Corp), Credit Agreement (Integra Lifesciences Holdings Corp), Credit Agreement (Integra Lifesciences Holdings Corp)
No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 9 contracts
Samples: Mezzanine Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (Flyi Inc)
No Waiver; Remedies. No failure on the part of any Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 9 contracts
Samples: Performance Guaranty, Indenture and Servicing Agreement (Travel & Leisure Co.), Performance Guaranty (Wyndham Worldwide Corp)
No Waiver; Remedies. No failure on the part of any Credit Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 9 contracts
Samples: Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.), Credit Agreement (Fidelity National Information Services, Inc.)
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 8 contracts
Samples: Pledge and Security Agreement (Ferro Corp), Security Agreement (Carbo Ceramics Inc), Credit Agreement (Ferro Corp)
No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder or under any Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 8 contracts
Samples: Credit Agreement (Caterpillar Inc), Credit Agreement (Caterpillar Financial Services Corp), Bridge Loan Agreement (Caterpillar Inc)
No Waiver; Remedies. No failure on the part of any Lender Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 8 contracts
Samples: Revolving Credit Agreement (Kbr, Inc.), Credit Agreement (Era Group Inc.), Assignment and Acceptance (Kbr, Inc.)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 8 contracts
Samples: Subsidiary Guaranty (Titan Corp), Superholdco Guaranty (AMH Holdings, Inc.), Superholdco Guaranty (Associated Materials Inc)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.03 and Section 2.05, no failure on the part of any Lender Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 7 contracts
Samples: Credit Agreement (Trinity Industries Inc), Credit Agreement (Trinity Industries Inc), Credit Agreement (Trinity Marine Products, Inc.)
No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies provided herein provided are cumulative and are in addition to, and not exclusive of of, any rights or remedies provided by law.
Appears in 7 contracts
Samples: Related Party Agreement, Registration Rights Agreement (AutoTrader Group, Inc.), Director Nomination Agreement (AutoTrader Group, Inc.)
No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Membership Interest Purchase Agreement (Legion Works, Inc.), Note Purchase Agreement (Electronic Data Systems Corp /De/), Letter of Credit and Reimbursement Agreement (American Xtal Technology)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any Lender Party or any holder of a Note to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Pledge Agreement (Novamed Inc), Pledge Agreement (Novamed Inc), Second Lien Credit Agreement (Concho Resources Inc)
No Waiver; Remedies. No failure on the part of any Credit Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Teradata Corp /De/), Assignment and Assumption (Teradata Corp /De/), Revolving Credit Agreement (Teradata Corp /De/)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.2 and Section 2.4, no failure on the part of any Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Sabre Holdings Corp, Construction Agency Agreement (Mondavi Robert Corp), Participation Agreement (Mondavi Robert Corp)
No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Credit Agreement (Agilon Health, Inc.), Credit Agreement (Johnsondiversey Holdings Inc), Credit Agreement (Johnson Polymer Inc)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.3 and Section 2.5, no failure on the part of any Lender Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Credit Agreement (Lone Pine Resources Inc.), Credit Agreement (Lone Pine Resources Inc.), Credit Agreement (Forest Oil Corp)
No Waiver; Remedies. No failure on the part of any either Party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies provided herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Account Receivables Purchase Agreement, Account Receivables Purchase Agreement, Ohio Retail Access Program
No Waiver; Remedies. No failure on the part of any Indemnified Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Receivables Purchase Agreement (Polyone Corp), Undertaking Agreement (Crown Holdings Inc), Parent Undertaking Agreement (Crown Holdings Inc)
No Waiver; Remedies. No In addition to, and not in limitation of Section 3.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 6 contracts
Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Guarantee and Collateral Agreement (SWIFT TRANSPORTATION Co)
No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right right, power, or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Consulting Services Agreement (Blox, Inc.), Consulting and Professional Services Agreement (Zoro Mining Corp.), Consulting and Professional Services Agreement (Titan Iron Ore Corp.)
No Waiver; Remedies. No In addition to, and not in limitation of, Sections 2.3 and 2.5, no failure on the part of any Lender Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 5 contracts
Samples: Guaranty (Apache Corp), Guaranty (Apache Corp), Apache Corp
No Waiver; Remedies. No In addition to, and not in limitation of, Sections 2.3 and 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 5 contracts
Samples: Subsidiary Guaranty (Monster Worldwide, Inc.), Subsidiary Guaranty (Monster Worldwide, Inc.), Security Agreement (Asyst Technologies Inc)
No Waiver; Remedies. No failure on the part of any a Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 4 contracts
Samples: Royalty Agreement (Aevi Genomic Medicine, Inc.), Royalty Agreement, Royalty Agreement (Unilife Corp)
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.5, no failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Pledge and Security Agreement (Vbi Vaccines Inc.), Pledge and Security Agreement (Alliqua BioMedical, Inc.), Patent Security Agreement (Paulson Capital (Delaware) Corp.)
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.4, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 4 contracts
Samples: Pledge Agreement (Monster Worldwide, Inc.), Pledge Agreement (Monster Worldwide, Inc.), Security Agreement (Asyst Technologies Inc)
No Waiver; Remedies. No failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Patent Security Agreement (Affimed Therapeutics B.V.), Pledge and Security Agreement (Airtran Holdings Inc), Guaranty and Security Agreement (Party City Corp)
No Waiver; Remedies. No failure on the part of the Borrower or any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawApplicable Law.
Appears in 4 contracts
Samples: Performance Guaranty (Compass Minerals International Inc), Performance Guaranty (Owens & Minor Inc/Va/), Performance Guaranty (Foresight Energy LP)
No Waiver; Remedies. No failure on the part of any Lessee or any Originator Indemnified Party to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by lawLaw.
Appears in 4 contracts
Samples: First Step Transfer Agreement (SPRINT Corp), First Step Transfer Agreement (SPRINT Corp), First Step Transfer Agreement (SPRINT Corp)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.2 and Section 2.4 hereof, no failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Borrower Copyright Security Agreement (Titan Corp), Borrower Copyright Security Agreement (Surebeam Corp), Borrower Copyright Security Agreement (Surebeam Corp)
No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawany Applicable Law.
Appears in 4 contracts
Samples: B1 Note Purchase and Loan Agreement (Willis Lease Finance Corp), Note Purchase and Loan Agreement (Willis Lease Finance Corp), Note Purchase and Loan Agreement (Willis Lease Finance Corp)
No Waiver; Remedies. No In addition to, and not in limitation of, Section 2.2 and Section 2.4, no failure on the part of any Lender Party or any holder of a Note to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 4 contracts
Samples: Credit Agreement (Adt Limited), Credit Agreement (Adt Limited), Adt Limited
No Waiver; Remedies. (a) No failure on the part of any Guarantied Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawlaw or any of the other Financing Documents.
Appears in 3 contracts
Samples: Execution Version (Cogentrix Energy Inc), Execution Version (Cogentrix Energy Inc), Execution Version (Cogentrix Energy Inc)
No Waiver; Remedies. (a) No failure on the part of any Guarantied Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw or any of the other Loan Documents.
Appears in 3 contracts
Samples: Security Agreement (Pillowtex Corp), Credit Agreement (Hastings Entertainment Inc), Security Agreement (Pillowtex Corp)
No Waiver; Remedies. No failure on the part of any Party a party to exercise, and no course of dealing with respect to, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise by a party of any right right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Confidential (Pattern Energy Group Inc.), Pledge and Security Agreement (Us Geothermal Inc), Collateral Agency Agreement (Us Geothermal Inc)
No Waiver; Remedies. No failure on the part of any Party a party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Separation Agreement (Assured Guaranty LTD), Pledge and Intercreditor Agreement (Financial Security Assurance Holdings LTD), Pledge and Intercreditor Agreement (Financial Security Assurance Holdings LTD)
No Waiver; Remedies. No To the fullest extent permitted under applicable law, no failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided under any other Credit Document or by applicable law.
Appears in 3 contracts
Samples: Credit Agreement (Global Industries LTD), Security Agreement (Interstate Hotels & Resorts Inc), Credit Agreement (Global Industries LTD)
No Waiver; Remedies. No failure on the part of any Party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Split Dollar Termination Agreement (Ameris Bancorp), Limited Liability Company Member Interest (Jayhawk Energy, Inc.), Limited Liability Company Member Interest (Jayhawk Energy, Inc.)
No Waiver; Remedies. No failure on the part of any Party either party to exercise, and no delay in exercising, any right hereunder under any Loan Document shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Loan Agreement (Pulse Biosciences, Inc.), Loan and Security Agreement (Healthier Choices Management Corp.), Loan Agreement (Pulse Biosciences, Inc.)
No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder or under any Transaction Document shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 3 contracts
Samples: Loan and Security Agreement (Emergent Capital, Inc.), Loan and Security Agreement (Imperial Holdings, Inc.), Loan and Security Agreement (Imperial Holdings, Inc.)
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.5, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 2 contracts
Samples: Assignment and Assumption (Kofax LTD), Credit Agreement (Wiley John & Sons Inc)
No Waiver; Remedies. No failure on the part of any Party each party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Secured Debt Settlement Agreement (Mann David W), Secured Debt Settlement Agreement (First Financial Corp /Tx/)
No Waiver; Remedies. No failure on the part of any Guaranteed Noteholder Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Subsidiary Guaranty (Aegis Communications Group Inc), Aegis Communications Group Inc
No Waiver; Remedies. No In addition to, and not in limitation of Section 2.05, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Security Agreement (Empire Resources Inc /New/), Security Agreement (Empire Resources Inc /New/)
No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial 147 XXXX:\98106221\28\78831.0005 exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (System1, Inc.), Credit and Guaranty Agreement (System1, Inc.)
No Waiver; Remedies. No failure on the part of any either Party hereto to exercise, and no delay in exercising, any right hereunder shall will operate as a waiver thereof; nor shall will any single or partial exercise of any such right hereunder preclude any other or further future exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Exclusive License Agreement (Shire Pharmaceuticals Group PLC), Country Reference (Transkaryotic Therapies Inc)
No Waiver; Remedies. No failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Credit Agreement (Group Maintenance America Corp), Security Agreement (Timco Aviation Services Inc)
No Waiver; Remedies. No failure on the ------------------- part of any Secured Party or the Agent to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Borrower Security Agreement (American Eco Corp), Parent Guarantor (American Eco Corp)
No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; thereof or of any similar breach or default thereafter occurring or of a waiver of any other breach or default theretofore or thereafter occurring, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Indemnification Agreement (Laidlaw Global Corp), Indemnification Agreement (Laidlaw Global Corp)
No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, exercising any right hereunder shall operate as a waiver thereof; nor shall any single or partial waiver or exercise of any right hereunder preclude any other or further waiver or exercise thereof or the waiver or exercise of any other right. The Except as express provided herein, the remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Pledge Agreement (National Insurance Group /Ca/), Pledge Agreement (National Insurance Group /Ca/)
No Waiver; Remedies. No failure on the part of the any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Party Agreement, Tri Party Agreement
No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder or under the Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Lease Agreement (Felcor Suite Hotels Inc), Lease Agreement (Itt Corp /Nv/)
No Waiver; Remedies. No failure on the part of any Covered Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Guaranty (Silverleaf Resorts Inc), Guaranty (Silverleaf Resorts Inc)
No Waiver; Remedies. No failure on the xxxxxxx xx xhe part of any Party party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Note Purchase Agreement (Conns Inc), Note Purchase Agreement (Conns Inc)
No Waiver; Remedies. No failure on the part of OTS or any Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Collateral Agreement, Ocwen Financial Corp
No Waiver; Remedies. No failure on the part of any Party either party to exercise, and no delay in exercising, any right hereunder or under the Note shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by in equity or at law.
Appears in 2 contracts
Samples: Loan Agreement (Partnerre LTD), Loan Agreement (DST Systems Inc)
No Waiver; Remedies. No failure on the part of the Indenture Trustee or any other applicable Supported Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Performance Guaranty (CAI International, Inc.), Performance Guaranty (CAI International, Inc.)
No Waiver; Remedies. No failure on the part of the SPV or any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawApplicable Law.
Appears in 2 contracts
Samples: Originator Performance Guaranty (Mallinckrodt PLC), Performance Guaranty (Mallinckrodt PLC)
No Waiver; Remedies. No failure on the part of any Party either party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Employment Agreement (Copano Energy, L.L.C.), Employment Agreement (Copano Energy, L.L.C.)
No Waiver; Remedies. No failure on the part of any Party to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 2 contracts
Samples: Intercreditor Agreement (Postmedia Network Canada Corp.), Intercreditor Agreement (Postmedia Network Canada Corp.)
No Waiver; Remedies. No failure on the part of any Lender Party or any holder of a Note to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Concho Resources Inc)
No Waiver; Remedies. No failure on the part of the Secured Party or any Party Creditor to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies rights herein provided are cumulative and not exclusive of any remedies rights provided by law.
Appears in 1 contract
Samples: Letter of Credit and Reimbursement Agreement (Jacor Communications Inc)
No Waiver; Remedies. No failure on the part of any the Secured ------------------- Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Party either party hereto to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any 41 42 other or further exercise thereof or the exercise of any other right. The rights and remedies provided herein provided are cumulative and are in addition to, and not exclusive of of, any rights or remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of the Administrator or any other Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Performance Guaranty
No Waiver; Remedies. No failure on the part of any ------------------- Transferee Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Performance Guaranty (Steelcase Inc)
No Waiver; Remedies. No failure on the part of any Party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The Except as specifically provided otherwise herein, the remedies provided herein provided are cumulative and not exclusive of any remedies provided by law. Rights hereunder shall not be waived, except pursuant to a writing signed by the Party against which enforcement of the waiver is sought.
Appears in 1 contract
Samples: Investment Terms Agreement (Ethanol Grain Processors, LLC)
No Waiver; Remedies. No failure on the part of any Guaranteed ------------------- Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawlaw or any of the Operative Documents.
Appears in 1 contract
Samples: Mail Well I Corp
No Waiver; Remedies. No failure on the part of any Party party hereto to exercise, and no delay in exercising, any right hereunder hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise exercise, of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Secured ------------------- Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Party party ------------------- hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Certificate Purchase Agreement (Navistar Financial Securities Corp)
No Waiver; Remedies. No failure on the part of any Party the Secured Parties to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any the Secured Party to exercise, and no delay in exercising, any right hereunder under this Agreement shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Security Agreement (Lexington Healthcare Group Inc)
No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Geokinetics Inc
No Waiver; Remedies. (a) No failure on the part of any Guarantied Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawapplicable law or any of the other Loan Documents.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.the Law. Guaranty Agreement
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Party hereto to exercise, and no delay in exercising, any right right, power or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right right, power or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right, power or remedy. The rights and remedies herein provided are cumulative and not exclusive of any rights or remedies provided by lawLaw.
Appears in 1 contract
Samples: Sale Agreement (SPRINT Corp)
No Waiver; Remedies. No failure on the part of any Party either party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any such right hereunder preclude any other or further future exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder right, shall operate as a waiver thereof; waiver, nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Limited Liability Company Interest Purchase Agreement
No Waiver; Remedies. No failure on the part of any Party party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawlaw or in any of the other Credit Documents.
Appears in 1 contract
Samples: Credit Agreement (Aemetis, Inc)
No Waiver; Remedies. No failure on the part of any ------------------- Indemnified Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
No Waiver; Remedies. No failure on the part of any Party either party to exercise, and no delay in exercising, any right right, power, or privilege hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Mutual Confidentiality Agreement (Americangreetings Com Inc)
No Waiver; Remedies. No failure on the part of any a Secured Party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.. 144
Appears in 1 contract
Samples: Loan and Servicing Agreement (Franklin BSP Lending Corp)
No Waiver; Remedies. No In addition to, and not in limitation of those provided by applicable Law, no failure on the part of any Secured Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; , nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by lawLaw.
Appears in 1 contract
No Waiver; Remedies. No In addition to, and not in limita tion of, Section 2.2 and Section 2.4, no failure on the part of any Guaranteed Party to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
Samples: Guarantee (Quality Food Centers Inc)
No Waiver; Remedies. No failure on the part of any Party the Secured Parties to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof; thereof nor shall any single or partial exercise of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedies provided by law.
Appears in 1 contract
