Common use of Amendments in Writing; No Waiver; Cumulative Remedies Clause in Contracts

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by each Trustee, the Obligors and the Agent. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 6 contracts

Samples: Credit Agreement (Nabors Industries LTD), Indenture (Nabors Industries LTD), Credit Agreement (Nabors Industries LTD)

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Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the Neither this Guarantee nor any terms or provisions of this Agreement hereof may be waived, amended, supplemented or otherwise modified except by a written instrument executed by each Trustee, in accordance with the Obligors and provisions of Section 11.1 of the AgentCredit Agreement. (b) No failure to exercise, nor any exercise and no delay in exercising, on the part of the Senior PartiesAdministrative Agent or any other Secured Party, any right, remedy, power or privilege hereunder or under the other Loan Documents shall operate as a waiver thereof. No ; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. (c) . The rights rights, remedies, powers and remedies privileges herein provided are cumulative, may be exercised singly or concurrently cumulative and are not exclusive of any other rights or remedies rights, remedies, powers and privileges provided by lawLaw.

Appears in 4 contracts

Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by each Trusteethe Senior Lender, the Obligors Debtors and the AgentSubordinated Lender. (b) No failure to exercise, nor any delay in exercising, on the part of either the Senior PartiesLender or the Subordinated Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Samples: Securities Purchase Agreement (Co-Diagnostics, Inc.), Securities Purchase Agreement (Co-Diagnostics, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by each Trusteethe Collateral Agent, the Obligors Subordinated Borrower and the AgentSubordinated Lender. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior Secured Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Samples: Subordination Agreement (EVO Transportation & Energy Services, Inc.), Subordination Agreement (EVO Transportation & Energy Services, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by each Trustee, the Obligors and the Agentparties hereto. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior Partiesany Agent, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Samples: Credit Agreement (Safety Kleen Corp/), Credit Agreement (Laidlaw Environmental Services Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by each the Trustee, the Obligors Administrative Agent (but only on and after the AgentJoinder Date), the Guarantor, the Company and each Agent (on behalf of its Relevant Subordinated Parties). (b) No failure to exercise, nor any delay in exercising, on the part of the Senior Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 2 contracts

Samples: Fourth Amendment and Restatement Agreement (Royal Caribbean Cruises LTD), Fifth Amendment and Restatement Agreement (Royal Caribbean Cruises LTD)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by each Trusteethe Administrative Agent, the Obligors Borrower and the AgentSubordinated Holder Representative. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior Secured Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Samples: Revolving Credit Agreement (Turning Point Brands, Inc.)

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Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by each Trusteethe Agents, the Obligors Company and the AgentSubordinated Creditor. (b) No failure to exercise, nor any delay in exercising, on the part of the either Agent or any Senior PartiesCreditor, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Samples: Subordination Agreement (USA Synthetic Fuel Corp)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by each Trusteethe Senior Agent, the Obligors Borrower and the Agenteach Subordinated Creditor. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior PartiesAgent or any Senior Lender, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Samples: Credit Agreement (USMD Holdings, Inc.)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified modified, except by a written instrument executed by each TrusteeSenior Agent, the Obligors Subordinated Noteholder and the AgentCredit Parties. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior PartiesCreditors, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Infogrames Inc)

Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by each the Trustee, the Obligors Guarantor, the Issuer and the Agent. (b) No failure to exercise, nor any delay in exercising, on the part of the Senior Parties, any right, power or privilege hereunder shall operate as a waiver thereof. No single or partial exercise of any right, power or privilege hereunder shall preclude any other or further exercise thereof or the exercise of any other right, power or privilege. (c) The rights and remedies herein provided are cumulative, may be exercised singly or concurrently and are not exclusive of any other rights or remedies provided by law.

Appears in 1 contract

Samples: Indenture (Royal Caribbean Cruises LTD)

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