Common use of Cumulative Remedies, Etc Clause in Contracts

Cumulative Remedies, Etc. No failure or delay on the part of any of the Purchasers in exercising any right, power or privilege hereunder, and no course of dealing between the Company and the Purchasers, or any of them, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the simultaneous or later exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Purchasers, or any of them, would otherwise have. No notice to or demand on the Company in any case shall entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers, or any of them, to take any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: Purchase Agreement (Alliance Entertainment Corp), Purchase Agreement (Bianco Joseph J), Purchase Agreement (Wasserstein & Co Inc)

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Cumulative Remedies, Etc. No failure or delay on the part of any of the Purchasers in exercising any right, power or privilege hereunder, and no course of dealing between the Company any Corporation and the Purchasers, or any of them, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the simultaneous or later exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Purchasers, or any of them, would otherwise have. No notice to or demand on the Company any Corporation in any case shall entitle the Company such Corporation to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers, or any of them, to take any other or further action in any circumstances without notice or demand.

Appears in 3 contracts

Samples: Note and Warrant Purchase Agreement (Us Home & Garden Inc), Note and Warrant Purchase Agreement (Specialty Catalog Corp), Note and Warrant Purchase Agreement (Specialty Catalog Corp)

Cumulative Remedies, Etc. No failure or delay on the part of any of the Purchasers Purchaser in exercising any right, power or privilege hereunder, and no course of dealing between the Company and the PurchasersPurchaser, or any of them, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the simultaneous or later exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the PurchasersPurchaser, or any of them, would otherwise have. No notice to or demand on the Company in any case shall entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the PurchasersPurchaser, or any of them, to take any other or further action in any circumstances without notice or demand.

Appears in 2 contracts

Samples: Convertible Note Purchase Agreement (LIVE VENTURES Inc), Convertible Note Purchase Agreement (Livedeal Inc)

Cumulative Remedies, Etc. No failure or delay on the part of any of ------------------------ the Purchasers in exercising any right, power or privilege hereunder, and no course of dealing between the Company and the Purchasers, or any of them, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the simultaneous or later exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Purchasers, or any of them, would otherwise have. No notice to or demand on the Company in any case shall entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers, or any of them, to take any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Purchase Agreement (Bankers Trust New York Corp)

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Cumulative Remedies, Etc. No failure or delay on the part of any of the Purchasers Partnership or any Holder in exercising any right, power or privilege hereunder, and no course of dealing between the Company and the PurchasersPartnership, or any of them, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the simultaneous or later exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the PurchasersPartnership or the Holders, or any of them, would otherwise have. No notice to or demand on the Company in any case shall entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the PurchasersPartnership or the Holders, or any of them, to take any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Scottsdale Technologies Inc)

Cumulative Remedies, Etc. No failure or delay on the part of any of the Purchasers in exercising any right, power or privilege hereunder, and no course of dealing between the Company and the Purchasers, or any of them, shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder preclude the simultaneous or later exercise of any other right, power or privilege. The rights and remedies herein expressly provided are cumulative and not exclusive of any rights or remedies which the Purchasers, or any of them, Purchasers would otherwise have. No notice to or demand on the Company in any case shall entitle the Company to any other or further notice or demand in similar or other circumstances or constitute a waiver of the rights of the Purchasers, or any of them, Purchasers to take any other or further action in any circumstances without notice or demand.

Appears in 1 contract

Samples: Note and Warrant Purchase Agreement (Brooke Corp)

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