Common use of Anti-Waiver; Amendments; and Cumulative Remedies Provisions Clause in Contracts

Anti-Waiver; Amendments; and Cumulative Remedies Provisions. No failure or delay on the part of Lender in the exercise of any power or right, and no course of dealing between Borrowers and Lender, will operate as a waiver of any power or right, nor will any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right. The remedies provided for in the Loan Documents are cumulative and not exclusive of any remedies which may be available to Lender at law or in equity. No notice to or demand on Borrower not required hereunder or under any note or other agreement will in any event entitle Borrowers to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of Lender or the holder of any note to any other or further action in any circumstances without notice or demand. Any waiver of any provision of this Agreement, any note or other agreement, and any consent to any departure by Borrowers from the terms of any provision of this Agreement, any note or other agreement, will be effective only in the specific instance and for the specific purpose for which it is given. Neither this Agreement nor any note or other agreement nor any terms hereof or thereof may be changed, waived, discharged or terminated unless the change, waiver, discharge or termination is in writing signed by Borrowers (or Parent) and Lender.

Anti-Waiver; Amendments; and Cumulative Remedies Provisions. No failure or delay on the part of Lender NBD or the holder of any Note in the exercise of any power or right, and no course of dealing between Borrowers any Obligor and LenderNBD or the holder of any Note, will shall operate as a waiver of any such power or right, nor will shall any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right. The remedies provided for in the Loan Documents herein are cumulative and not exclusive of any remedies which may be available to Lender NBD at law or in equity. No notice to or demand on Borrower any Obligor not required hereunder or under any note Note or other agreement will shall in any event entitle Borrowers any Obligor to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of Lender NBD or the holder of any note Note to any other or further action in any circumstances without notice or demand. Any waiver of any provision of this Agreement, any note Note or other agreement, and any consent to any departure by Borrowers any Obligor from the terms of any provision of this Agreement, any note Note or other agreement, will shall be effective only in the specific instance and for the specific purpose for which it is given. Neither this Agreement nor any note Note or other agreement (including the Loan Documents) nor any terms hereof or thereof may be changed, waived, discharged or terminated unless the such change, waiver, discharge or termination is in writing a written agreement signed by Borrowers (or Parent) the Obligors and LenderNBD.

Anti-Waiver; Amendments; and Cumulative Remedies Provisions. No failure or delay on the part of Lender or the holder of any Note in the exercise of any power or right, and no course of dealing between Borrowers and LenderLender or the holder of any Note, will operate as a waiver of any such power or right, nor will any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right. The remedies provided for in the Loan Documents herein are cumulative and not exclusive of any remedies which may be available to Lender at law or in equity. No notice to or demand on Borrower Borrowers not required hereunder or under any note Note or other agreement will in any event entitle Borrowers to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of Lender or the holder of any note to any other or further action in any circumstances without notice or demand. Any waiver of any provision of this Agreement, any note Note or other agreement, and any consent to any departure by Borrowers from the terms of any provision of this Agreement, any note Note or other agreement, will be effective only in the specific instance and for the specific purpose for which it is given. Neither this Agreement nor any note Note or other agreement nor any terms hereof or thereof may be changed, waived, discharged or terminated (other than obligations that terminate upon payment in full of the Obligations), unless the such change, waiver, discharge or termination is in writing signed by Borrowers (or Parent) and Lender.

Anti-Waiver; Amendments; and Cumulative Remedies Provisions. No failure or delay on the part of Lender in the exercise of any power or right, and no course of dealing between Borrowers and Lender, will operate as a waiver of any power or right, nor will any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right. The remedies provided for in the Loan Documents are cumulative and not exclusive of any remedies which may be available to Lender at law or in equity. No notice to or demand on Borrower Loan Parties not required hereunder or under any note or other agreement will in any event entitle Borrowers to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of Lender or the holder of any note to any other or further action in any circumstances without notice or demand. Any waiver of any provision of this Agreement, any note or other agreement, and any consent to any departure by Borrowers from the terms of any provision of this Agreement, any note or other agreement, will be effective only in the specific instance and for the specific purpose for which it is given. Neither this Agreement nor any note or other agreement nor any terms hereof or thereof may be changed, waived, discharged or terminated unless the change, waiver, discharge or termination is in writing signed by Borrowers (or Parent) and Lender.

Anti-Waiver; Amendments; and Cumulative Remedies Provisions. No failure or delay on the part of Lender or the holder of the Notes in the exercise of any power or right, and no course of dealing between the Borrowers and LenderLender or the holder of any Note, will shall operate as a waiver of any such power or right, nor will shall any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right. The remedies provided for in the Loan Documents herein are cumulative and not exclusive of any remedies which may be available to Lender at law or in equity. No notice to or demand on Borrower the Borrowers not required hereunder or under any note Note or other agreement will shall in any event entitle the Borrowers to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of Lender or the holder of any note Note to any other or further action in any circumstances without notice or demand. Any waiver of any provision of this Agreement, any note the Notes or other agreement, and any consent to any departure by the Borrowers from the terms of any provision of this Agreement, any note the Notes or other agreement, will shall be effective only in the specific instance and for the specific purpose for which it is given. Neither this Agreement nor any note the Notes or other agreement nor any terms hereof or thereof may be changed, waived, discharged or terminated unless the such change, waiver, discharge or termination is in writing signed by the Borrowers (or Parent) and Lender.

Anti-Waiver; Amendments; and Cumulative Remedies Provisions. No failure or delay on the part of Lender or the holder of the Note in the exercise of any power or right, and no course of dealing between the Borrowers and LenderLender or the holder of any Note, will shall operate as a waiver of any such power or right, nor will shall any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right. The remedies provided for in the Loan Documents herein are cumulative and not exclusive of any remedies which may be available to Lender at law or in equity. No notice to or demand on Borrower the Borrowers not required hereunder or under any note Note or other agreement will shall in any event entitle the Borrowers to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of Lender or the holder of any note Note to any other or further action in any circumstances without notice or demand. Any waiver of any provision of this Agreement, any note the Note or other agreement, and any consent to any departure by the Borrowers from the terms of any provision of this Agreement, any note the Note or other agreement, will shall be effective only in the specific instance and for the specific purpose for which it is given. Neither this Agreement nor any note the Note or other agreement nor any terms hereof or thereof may be changed, waived, discharged or terminated unless the such change, waiver, discharge or termination is in writing signed by the Borrowers (or Parent) and Lender.

Anti-Waiver; Amendments; and Cumulative Remedies Provisions. No failure or delay on the part of Lender or the holder of any note in the exercise of any power or right, and no course of dealing between Borrowers the Borrower and LenderLender or the holder of any Note, will shall operate as a waiver of any such power or right, nor will shall any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right. The remedies provided for in the Loan Documents herein are cumulative and not exclusive of any remedies which may be available to Lender at law or in equity. No notice to or demand on the Borrower not required hereunder or under any note or other agreement will shall in any event entitle Borrowers the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of Lender or the holder of any note to any other or further action in any circumstances without notice or demand. Any waiver of any provision of this Agreement, any note or other agreement, and any consent to any departure by Borrowers the Borrower from the terms of any provision of this Agreement, any note or other agreement, will shall be effective only in the specific instance and for the specific purpose for which it is given. Neither this Agreement nor any note or other agreement nor any terms hereof or thereof may be changed, waived, discharged or terminated unless the such change, waiver, discharge or termination is in writing signed by Borrowers (or Parent) the Borrower and Lender.

Anti-Waiver; Amendments; and Cumulative Remedies Provisions. No failure or delay on the part of Lender or the holder of any note in the exercise of any power or right, and no course of dealing between Borrowers the Borrower and LenderLender or the holder of any note, will shall operate as a waiver of any such power or right, nor will shall any single or partial exercise of any power or right preclude other or further exercise thereof or the exercise of any other power or right. The remedies provided for in the Loan Documents herein are cumulative and not exclusive of any remedies which may be available to Lender at law or in equity. No notice to or demand on the Borrower not required hereunder or under any note or other agreement will shall in any event entitle Borrowers the Borrower to any other or further notice or demand in similar or other circumstances or constitute a waiver of the right of Lender or the holder of any note to any other or further action in any circumstances without notice or demand. Any waiver of any provision of this Agreement, any note or other agreement, and any consent to any departure by Borrowers the Borrower from the terms of any provision of this Agreement, any note or other agreement, will shall be effective only in the specific instance and for the specific purpose for which it is given. Neither this Agreement nor any note or other agreement nor any terms hereof or thereof may be changed, waived, discharged or terminated unless the such change, waiver, discharge or termination is in writing signed by Borrowers (or Parent) the Borrower and Lender.