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 every right, remedy and power granted to any Creditor hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Documents to such Creditor now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by each Creditor, subject to the terms of this Agreement, from time to time, concurrently or independently and as often and in such order as such Creditor may deem expedient. Any failure or delay on the part of any 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 any other Creditors’ 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 such other Creditors’ rights hereunder shall be deemed to establish a custom or course of dealing or performance among the Parties hereto.
Cumulative Rights, No Waivers. Subject to Section 10.03 hereof, each and every right, remedy and power granted to any Representative of any Senior Debt hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the related Senior Debt or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by any Representative of any Senior Debt or the holders of any Senior Debt, from time to time, concurrently or independently and as often and in such order as such any Representative or the holders of Senior Debt may deem expedient (subject to the limits provided in Section 10.03 hereof with respect to payment blockages). Any failure or delay on the part of any Representative of Senior Debt or the holders of Senior Debt 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 such any Representative or the holders of Senior Debt 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 any Representative of Senior Debt or the holders of Senior Debt 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 hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Senior Loan Agreement and the other Senior Debt Documents or in the Subordinated Debt Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Senior Lender, from time to time, concurrently or independently and as often and in such order as Senior Lender may deem expedient. Any failure or delay on the part of Senior 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 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 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 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 the Administrative Agent or the other Senior Lender Parties hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in Loan Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Administrative Agent or the other Senior Lender Parties, from time to time, concurrently or independently and as often and in such order as the Administrative Agent or the other Senior Lender Parties may deem expedient. Any failure or delay on the part of the Administrative Agent or the other Senior Lender Parties 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 Administrative Agent’s or the other Senior Lender Parties’ 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 the Administrative Agent’s or the other Senior Lender Parties’ 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 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 the Note Parties and the Convertible Debt Creditors hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Note Documents or the Convertible Debt Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Note Parties or the Convertible Debt Creditors, from time to time, concurrently or independently and as often and in such order as Note Parties or the Convertible Debt Creditors may deem expedient. Any failure or delay on the part of the Note Parties and the Convertible Debt 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 Note Parties’ and the Convertible Debt Creditors’ 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 Note Parties’ and the Convertible Debt Creditors’ 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.
