Common use of Cumulative Rights, No Waivers Clause in Contracts

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.

Appears in 15 contracts

Samples: Subordination Agreement (Galaxy Energy Corp), Subordination Agreement (Galaxy Energy Corp), Subordination Agreement (Galaxy Energy Corp)

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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 '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 's or Lenders' rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 14 contracts

Samples: Subordination Agreement (Galaxy Energy Corp), Subordination Agreement (Galaxy Energy Corp), Subordination Agreement (Galaxy Energy Corp)

Cumulative Rights, No Waivers. Each and every right, remedy and power granted to Collateral Agent or Lenders Buyers 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 Collateral Agent or LendersBuyers, from time to time, concurrently or independently and as often and in such order as Collateral Agent or Lenders Buyers may deem expedient. Any failure or delay on the part of Collateral Agent or Lenders Buyers 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 Collateral Agent’s or LendersBuyers’ 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 Collateral Agent’s or LendersBuyers’ rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 6 contracts

Samples: Subordination Agreement (Mru Holdings Inc), Subordination Agreement (Sonterra Resources, Inc.), Subordination Agreement (Mru Holdings Inc)

Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the Agent or Lenders hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Purchase Agreement, Credit Agreement or 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 Lendersthe Agent, from time to time, concurrently or independently and as often and in such order as the Agent or Lenders may deem expedient. Any failure or delay on the part of the 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 the 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 the Agent’s or Lenders’ any Secured Party’s rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 2 contracts

Samples: Intercreditor Agreement, Intercreditor Agreement (Harrahs Entertainment Inc)

Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the Collateral Agent or Lenders the Purchaser 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 the Collateral Agent or Lendersthe Purchaser, from time to time, concurrently or independently and as often and in such order as the Collateral Agent or Lenders the Purchaser may deem expedient. Any failure or delay on the part of the Collateral Agent or Lenders the Purchaser 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 Collateral Agent’s 's or Lenders’ the Purchaser'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 the Collateral Agent’s 's or Lenders’ the Purchaser's rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 1 contract

Samples: Subordination Agreement (Casita Enterprises, Inc.)

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, Loan Agreement or the other Loan Documents or Permitted Refinancing Loan Documents Instruments or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Agent or LendersAgent, 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’ '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 Lenders’ 's rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 1 contract

Samples: Subordination Agreement (Scott Cable Communications Inc)

Cumulative Rights, No Waivers. Each and every right, remedy and power granted to Administrative Agent or Lenders hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Purchase Loan 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 Administrative Agent or Lenders, from time to time, concurrently or independently and as often and in such order as Administrative Agent or Lenders may deem expedient. Any failure or delay on the part of Administrative 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 Administrative 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 Administrative Agent’s or Lenders’ rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Carbiz Inc)

Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the Collateral Agent or Lenders Benefited Parties 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 Collateral Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Collateral Agent or LendersBenefited Parties, from time to time, concurrently or independently and as often and in such order as the Collateral Agent or Lenders Benefited Parties may deem expedient. Any failure or delay on the part of the Collateral Agent or Lenders Benefited 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 Agent’s the Collateral Agent or LendersBenefited Partiesright rights 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 the Collateral Agent or LendersBenefited Parties’ rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 1 contract

Samples: Intercreditor Agreement (Nii Holdings Inc)

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, Credit Agreement or the other Loan Documents or Permitted Refinancing Loan Senior Debt 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 the rights of Agent or Lenders’ right Lenders 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 the rights of Agent or Lenders’ rights Lenders hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 1 contract

Samples: Security Agreement (Pameco Corp)

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Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the Agent or Lenders the other Senior Lender Parties 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 the Agent or Lendersthe other Senior Lender Parties, from time to time, concurrently or independently and as often and in such order as the Agent or Lenders the other Senior Lender Parties may deem expedient. Any failure or delay on the part of the Agent or Lenders 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 Agent’s or Lendersthe 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 Agent’s or Lendersthe other Senior Lender Parties’ rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 1 contract

Samples: Support and Subordination Agreement (Green Plains Renewable Energy, Inc.)

Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the Agent or Lenders any holder of the Senior Debt hereunder shall be cumulative and in addition to any other rightrights, remedy or power specifically granted herein, herein or in the Purchase Agreement, the other Loan Documents or Permitted Refinancing Loan Senior Debt Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Agent or Lendersany holder of Senior Debt, from time to time, concurrently or independently and as often and in such order as the Agent or Lenders such holder may deem expedient. Any failure or delay on the part of the Agent or Lenders holder 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 Agent’s the rights of the Agent or Lenders’ right such holder 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 the rights of the Agent or Lenders’ rights such holder hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 1 contract

Samples: Subordination and Intercreditor Agreement (Aerocentury Corp)

Cumulative Rights, No Waivers. Each and every right, remedy and power granted to the Senior Agent or Lenders hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Purchase Agreement, Senior Note or the other Loan Documents or Permitted Refinancing Loan Senior Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the applicable Senior Agent or Lendersand the other applicable Senior Parties, from time to time, concurrently or independently and as often and in such order as the applicable Senior Agent or Lenders may deem expedient. Any failure or delay on the part of the Senior Agent or Lenders any other Senior Party 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 such Senior Agent’s or Lenders’ other Senior Party’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 the Senior Agent’s or Lenders’ any other Senior Party’s rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 1 contract

Samples: Intercreditor Agreement (PARETEUM Corp)

Cumulative Rights, No Waivers. Each and every right, remedy and power granted to Senior Agent or Lenders hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the Purchase 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 Senior Agent or Lenders, from time to time, concurrently or independently and as often and in such order as Senior Agent or Lenders may deem expedient. Any failure or delay on the part of Senior 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 Senior 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 Senior Agent’s or Lenders’ rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto. No Obligor shall have any right, remedy or power under this Agreement except as expressly set forth herein.

Appears in 1 contract

Samples: Subordination Agreement (Princeton Review Inc)

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 Credit Agreement or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by Agent or LendersAgent, 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’ '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 Lenders’ 's rights hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Appears in 1 contract

Samples: Subordination Agreement (Atlantic Premium Brands LTD)

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