Common use of Amendments and Waivers; Cumulative Remedies Clause in Contracts

Amendments and Waivers; Cumulative Remedies. (a) None of the terms of this Agreement may be waived, altered or amended except by an instrument in writing duly executed by the Borrower and the Bank. (b) No failure or delay by the Bank in exercising any right, power or privilege hereunder or under the Note shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided herein shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 4 contracts

Samples: Credit Agreement (Interpublic Group of Companies Inc), Credit Agreement (Van Kampen Merritt Prime Rate Income Trust), Credit Agreement (Interpublic Group of Companies Inc)

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Amendments and Waivers; Cumulative Remedies. (a) None of the terms of this Agreement may be waived, altered or amended except by an instrument in writing duly executed by the Borrower and the Bank.Lender; and (b) No failure or delay by on the Bank part of the Lender in exercising any right, power or privilege hereunder or under the Note this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise thereof of any right, power or privilege under this Agreement preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided herein shall be and contemplated by this Agreement are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Calcomp Technology Inc), Revolving Credit Agreement (Teppco Partners Lp)

Amendments and Waivers; Cumulative Remedies. (a) None of the terms of this Agreement may be waived, altered or amended except by an instrument in writing duly executed by the Borrower and the Bank. (b) No failure or delay by the Bank in exercising any right, power or privilege hereunder or under the Note shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided herein shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Nymagic Inc)

Amendments and Waivers; Cumulative Remedies. (a) None of the terms of this Agreement may be waived, altered or amended except by an instrument in writing duly executed by the Borrower and the BankLender. (b) No failure or delay by the Bank Lender in exercising any right, power or privilege hereunder or under the Note shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided herein shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Term Credit Agreement (Mercom Inc)

Amendments and Waivers; Cumulative Remedies. (aA) None of the terms of this Agreement may be waived, altered or amended except by an instrument in writing duly executed by the Borrower Company and by the Bank. (bB) No failure or delay by on the part of the Bank in exercising any right, power or privilege hereunder under this Agreement or under the Note shall operate as a waiver thereof, nor shall any single or partial exercise thereof of any right, power or privilege under this Agreement or the Note preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided herein shall be in and contemplated by this Agreement and by the Note are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Smart & Final Inc/De)

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Amendments and Waivers; Cumulative Remedies. (a) None of the terms of this Agreement may be waived, altered or amended except by an instrument in writing duly executed by the Borrower and a written consent from the Bank. (b) . No failure or delay by on the part of the Bank in exercising any right, power or privilege hereunder under this Agreement or under the Note shall operate as a waiver thereofof such right, nor shall any single power or partial exercise thereof privilege under this Agreement or the Note preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided herein shall be in and contemplated by this Agreement and the other Loan Documents are cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Southwall Technologies Inc /De/)

Amendments and Waivers; Cumulative Remedies. (a) None of the terms of this Agreement may be waived, altered or amended except by an instrument in writing duly executed by the Borrower and the Bank. (b) No failure or delay by the Bank in exercising any right, power or privilege hereunder or under the Term Note shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided herein shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Interpublic Group of Companies Inc)

Amendments and Waivers; Cumulative Remedies. (a) None of the terms of this Agreement may be waived, altered or amended except by an instrument in writing duly executed by the Borrower and the Bank. (b) No failure or delay by the Bank in exercising any right, power or privilege hereunder or under the Note shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies provided herein shall be cumulative and not exclusive of any rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (Interpublic Group of Companies Inc)

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