Cumulative Rights, No Waivers. Each and every right, remedy and power granted to Agent or Lenders hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Purchase Agreement, the other Loan Documents or Permitted Refinancing Loan Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Agent or Lenders, from time to time, concurrently or independently and as often and in such order as Agent or Lenders may deem expedient. Any failure or delay on the part of Agent or Lenders in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect Agent’s or Lenders’ right thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of Agent’s or Lenders’ rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.
Cumulative Rights, No Waivers. Each and any every right, remedy, and power granted to the Senior Creditors hereunder shall be cumulative and in addition to any other right, remedy, or power granted herein or in the Senior Debt Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior Creditors, from time to time, concurrently or independently and as often and in such order as the Senior Creditors may deem expedient. Any failure or delay on the part of the Senior Creditors in exercising any such right, remedy, or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the rights of the Senior Creditors thereafter to exercise the same, and any single or partial exercise of any such right, remedy, or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, or power, and no such failure, delay, abandonment, or single or partial exercise of the rights of the Senior Creditors or such holder hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.
Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the Trustee or the Holders hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Indenture or the other Senior Debt Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Trustee or the Holders, from time to time, concurrently or independently and as often and in such order as the Trustee or the Holders may deem expedient. Any failure or delay on the part of the Trustee or the Holders in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the rights of the Trustee or the Holders thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, or power, and no such failure, delay, abandonment or single or partial exercise of the rights of the Trustee or the Holders hereunder shall be deemed to establish a custom or course of dealing or performance among any of the parties hereto. Any failure or delay on the part of any Junior Creditor or Junior Trustee in exercising any right, remedy or power pursuant to the Junior Debt Documents because of the terms of this Agreement, or any abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the rights of the Junior Creditors or Junior Trustee thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, or power, and no such failure, delay, abandonment or single or partial exercise of the rights of the Junior Creditor or Junior Trustee because of the terms of this Agreement shall be deemed to establish a custom or course of dealing or performance among the Obligors and Junior Creditor or Junior Trustee.
Cumulative Rights, No Waivers. Each and every right, remedy and power granted to Agent and the other Senior Creditors hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Credit Agreement, the other Loan Documents or Permitted Refinancing Loan Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Agent or the other Senior Creditors, as applicable, from time to time, concurrently or independently and as often and in such order as Agent or the other Senior Creditors, as applicable, may deem expedient. Any failure or delay on the part of Agent or any other Senior Creditor in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect Agent’s or other Senior Creditor’s right thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of Agent’s or other Senior Creditor’s rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto. Each Party may demand specific performance of this Agreement and, on behalf of itself and, in the case of the Agent, the other Senior Creditors, hereby irrevocably waives any defense based on the adequacy of a remedy at law and any other defense that might be asserted to bar the remedy of specific performance in any action which may be brought by any Senior Creditor or any Subordinated Creditor.
Cumulative Rights, No Waivers. Each and every right, remedy and power granted to First Lien Lender and Second Lien Creditor hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Lender Loan Agreement or the other Lender Loan Documents, or the MDFA Loan Documents, as the case may be, or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by First Lien Lender or the Second Lien Creditor, from time to time, concurrently or independently and as often and in such order as First Lien Lender or the Second Lien Creditor, respectively, may deem expedient. Any failure or delay on the part of First Lien Lender or the Second Lien Creditor in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the rights of First Lien Lender or the Second Lien Creditor, respectively, thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of the rights of First Lien Lender or the Second Lien Creditor hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.
Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the holders of Issuer Indebtedness under this Article XIV hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted under this Article XIV. Any failure or delay on the part of any holder of Issuer Indebtedness in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect any right of the holders of Issuer Indebtedness thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of the rights of the holder of Issuer Indebtedness hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto. Table of Contents
Cumulative Rights, No Waivers. Each and every right, remedy and power granted to Agent hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Loan Agreement or the other Loan Instruments or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Agent, from time to time, concurrently or independently and as often and in such order as Agent may deem expedient. Any failure or delay on the part of Agent in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect Agent's right thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of Agent's rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.
Cumulative Rights, No Waivers. Each and every right, remedy and power granted to Senior Lender or Subordinated Lender hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Loan Agreement, the other Loan Instruments or in the Subordinated Instruments or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Senior Lender or Subordinated Lender, as applicable, from time to time, concurrently or independently and as often and in such order as Senior Lender or Subordinated Lender, as applicable, may deem expedient. Any failure or delay on the part of Senior Lender or Subordinated Lender in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect Senior Lender's or Subordinated Lender's right thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of Senior Lender's or Subordinated Lender's rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.
Cumulative Rights, No Waivers. Each right of Senior Creditor under this Agreement shall be cumulative and in addition to any other right of Senior Creditor against Borrower or Junior Creditor under applicable law. Any failure or delay on the part of Senior Creditor in exercising any such right shall not operate as a waiver thereof or impair the rights of Senior Creditor thereafter to exercise same.
Cumulative Rights, No Waivers. Each and every right, remedy and power granted to Lender under this Agreement shall be cumulative and in addition to any other right, remedy or power granted under this Agreement or the Senior Debt Documents and may be exercised by Lender, from time to time, concurrently or independently and as often and in such order as Lender may determine in its discretion. Any failure or delay by Lender in exercising any such right, remedy or power, or abandonment or discontinuance of steps to enforce the same, shall not operate as a waiver thereof or affect the rights of Lender thereafter to exercise the same, and any single or partial exercise of any such right, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy or power, and no such failure, delay, abandonment or single or partial exercise of the rights of Lender hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.
