Common use of Cumulative Rights, No Waivers Clause in Contracts

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 Subject to Section 10.03 hereof, each and any every right, remedy, remedy and power granted to the any Representative of any Senior Creditors Debt hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the related Senior Debt Documents 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 CreditorsDebt, from time to time, concurrently or independently and as often and in such order as such any Representative or the holders of Senior Creditors Debt may deem expedientexpedient (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 Creditors Debt in exercising any such right, remedy, 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 Creditors Debt thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of any Representative of Senior Debt or the holders of Senior Creditors or such holder Debt hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.

Cumulative Rights, No Waivers. Each Subject to the terms of this Agreement, each and any every right, remedy, remedy and power granted to the Senior Creditors hereunder shall be cumulative and in addition to any other right, remedyremedy or power specifically granted in this Agreement, or power granted herein or in the any Senior Debt Documents Agreement or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior Creditors, Creditors from time to time, concurrently or independently and as often and in such order as the Senior Creditors such Person may deem expedient. Any failure or delay on the part of the Senior Creditors in exercising any such right, remedy, 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, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, 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 Subject to Section 10.15, each and any every right, remedy, remedy and power granted to the Representative for the Credit Agreement or the holders of Senior Creditors Debt hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents Credit Agreement or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Representative for the Credit Agreement or the holders of Senior CreditorsDebt, from time to time, concurrently or independently and as often and in such order as such Representative or the holders of Senior Creditors Debt may deem expedientexpedient (subject to the limits provided in Section 10.04 with respect to payment blockages). Any failure or delay on the part of the Representative for the Credit Agreement or the holders of Senior Creditors Debt in exercising any such right, remedy, 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 Representative or the holders of Senior Creditors Debt thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Representative for the Credit Agreement or the holders of Senior Creditors or such holder 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 any every right, remedy, remedy and power granted to the Senior Agent, the other Senior Creditors or any holder of the Senior Debt hereunder shall be cumulative and in addition to any other rightrights, remedy, remedy or power specifically 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 CreditorsAgent, the other Senior Creditors or any holder of Senior Debt from time to time, concurrently or independently and as often and in such order as the Senior Agent, the other Senior Creditors or such holder may deem expedient. Any failure or delay on the part of the Senior Agent, the other Senior Creditors or any holder of Senior Debt in exercising any such right, remedy, 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 Agent, the other Senior Creditors or such holder thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Agent, the other 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 any every right, remedy, remedy and power granted to the Senior Creditors Lender hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Loan Agreement or the other Senior Loan Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsLender, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender may deem expedient. Any failure or delay on the part of the Senior Creditors Lender in exercising any such right, remedy, 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 Lender thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors or such holder Lender 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, remedy and power granted to the Senior Creditors CEP or QRC hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents Financing Documents, or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsCEP or QRC, from time to time, concurrently or independently and as often and in such order as the Senior Creditors CEP or QRC may deem expedient. Any failure or delay on the part of the Senior Creditors CEP or QRC in exercising any such right, remedy, 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 CEP or QRC thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors CEP or such holder QRC 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, remedy and power granted to the Senior Creditors any Creditor hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents or 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 Senior Creditorsterms of this Agreement, from time to time, concurrently or independently and as often and in such order as the Senior Creditors such Creditor may deem expedient. Any failure or delay on the part of the Senior Creditors any Creditor in exercising any such right, remedy, 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 any other Creditors’ right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the such other Creditors’ 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 Parties hereto.

Cumulative Rights, No Waivers. Each and any every right, remedy, remedy and power granted to the Senior Agent or Senior Creditors hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Purchase Agreement, the other Basic Documents or Permitted Refinancing Debt Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior Agent or Senior Creditors, from time to time, concurrently or independently and as often and in such order as the Senior Agent or Senior Creditors may deem expedient. Any failure or delay on the part of the Senior Agent or Senior Creditors in exercising any such right, remedy, 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 Agent’s or Senior Creditors’ right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the Senior Agent’s or Senior Creditors’ 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 any every right, remedy, remedy and power granted to the Senior Creditors Lenders hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents Credit Agreement or the other Operative Agreement or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsAgents and the Lenders, or any of them, from time to time, concurrently or independently and as often and in such order as the Senior Creditors such Agent or such Lender may deem expedient. Any failure or delay on the part of the Senior Creditors any Lender in exercising any such right, remedy, 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 such Lender thereafter to exercise the same, and any single or partial exercise of any such righttight, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors or such holder Lender 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, remedy and power granted to the Senior Creditors Lender hereunder shall be cumulative and in addition to any other rightrights, remedy, remedy or power specifically 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, Lender from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender may deem expedient. Any failure or delay on the part of the Senior Creditors Lender in exercising any such right, remedy, 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 Lender thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors or such holder Lender 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, remedy and power granted to the Senior Creditors Lender hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Loan Agreement 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 Senior CreditorsLender, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender may deem expedient. Any failure or delay on the part of the Senior Creditors Lender in exercising any such right, remedy, 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 Lender thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors or such holder Lender 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, remedy and power granted to the Senior Creditors Lender hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein herein, in the Loan Agreement and the other Senior Debt Documents or in the Senior Subordinated Debt Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsLender, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender may deem expedient. Any failure or delay on the part of the Senior Creditors Lender in exercising any such right, remedy, 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 Lender’s right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the Lender’s 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 any every right, remedy, remedy and power granted to the Senior Creditor or the Junior Creditors hereunder shall be cumulative and in addition to any other rightrights, remedy, remedy or power specifically granted herein or in the Senior Debt Documents or the Junior Debt Documents, as applicable, or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsCreditor or any Junior Creditor, as applicable, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Creditor or the Junior Creditors, as applicable, may deem expedient. Any failure or delay on the part of Senior Creditor or any of the Senior Creditors Junior Creditors, as applicable, in exercising any such right, remedy, 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 Creditor or Junior Creditors, as applicable, thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors Creditor or such holder the Junior Creditors, as applicable, 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, remedy and power granted to the Senior Creditors Lender hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents Credit Agreement or the other Related Documents, in the Subordinated Instruments or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsLender, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender may deem expedient. Any failure or delay on the part of the Senior Creditors Lender in exercising any such right, remedy, 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 Lender's right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the Senior Xxxxxx's 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 any every right, remedy, remedy and power granted to the Senior Creditors Lender hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Credit Agreement 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 Senior CreditorsLender, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender may deem expedient. Any failure or delay on the part of the Senior Creditors Lender in exercising any such right, remedy, 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 Lender thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors or such holder Lender 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, remedy and power granted to the Senior Creditors Second Trustee hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents New Restructured Second Secured PIK Note Indenture or the Security Instruments or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsSecond Trustee, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Second Trustee may deem expedient. Any failure or delay on the part of the Senior Creditors Second Trustee in exercising any such right, remedy, 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 Second Trustee's right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the Second Trustee's 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 any every right, remedy, remedy and power granted to the Senior Creditors Creditor hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Loan Agreement 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 Senior CreditorsCreditor, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Creditor may deem expedient. Any failure or delay on the part of the Senior Creditors Creditor in exercising any such right, remedy, 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 Creditor thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors or such holder 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 any every right, remedy, remedy and power granted to the Senior Creditors Lender hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein herein, in the Senior Loan Agreement and the other Senior Instruments or in the Senior Debt Documents Subordinated instruments or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsLender, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender may deem expedient. Any failure or delay on the part of the Senior Creditors Lender in exercising any such right, remedy, 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 Lender’s right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the Senior Lender’s 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 any every right, remedy, remedy and power granted to the Senior Creditors Creditor or any holder of the Senior Debt hereunder shall be cumulative and in addition to any other rightrights, remedy, remedy or power specifically 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 CreditorsCreditor or any holder of Senior Debt, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Creditor or such holder may deem expedient. Any failure or delay on the part of the Senior Creditors Creditor or holder of Senior Debt in exercising any such right, remedy, 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 Creditor or such holder thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors Creditor 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 any every right, remedy, remedy and power granted to the Senior Creditors Laurus and Aether hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents or Laurus Purchase Agreement and Laurus Note and Aether Note, respectively, now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsLaurus and Aether, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Laurus and Aether, respectively, may deem expedient. Any failure or delay on the part of the Senior Creditors Laurus or Aether in exercising any such right, remedy, 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 Laurus’ or Aether’s right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the Laurus’ or Aether’s 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 any every right, remedy, remedy and power granted to the Senior Creditors hereunder Creditor or Subordinated Creditor hereunder, as applicable, shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents Indebtedness Document or the Subordinated Indebtedness Documents, as applicable or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsCreditor or Subordinated Creditor, as applicable, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Creditor or Subordinated Creditor, as applicable, may deem expedient; subject at all times to the terms and conditions of this Agreement. Any failure or delay on the part of the Senior Creditors Creditor or Subordinated Creditor, as applicable, in exercising any such right, remedy, 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 such Person’s right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the such Person’s 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 any every right, remedy, remedy and power granted to the Senior Creditors Lender hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents Credit Agreement or the other Related Documents, in the Subordinated Instruments or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsLender, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender may deem expedient. Any failure or delay on the part of the Senior Creditors Lender in exercising any such right, remedy, 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 Lender's right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the Senior Lender's 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 any every right, remedy, remedy and power granted to the Senior Creditors Creditor hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein herein, in the Security Agreement and the other Senior Debt Documents or in the Senior Subordinated Debt Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsCreditor, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Creditor may deem expedient. Any failure or delay on the part of the Senior Creditors Creditor in exercising any such right, remedy, 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 Creditor’s right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the Senior Creditor’s 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 any every right, remedy, remedy and power granted to the Senior Creditors Lessor hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Lease Agreement or the other Senior Debt Obligations Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsLessor, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lessor may deem expedient. Any failure or delay on the part of the Senior Creditors Lessor in exercising any such right, remedy, 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 Lessor thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors or such holder Lessor 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, remedy and power granted to the Senior Creditors Creditor hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents Security Agreement or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsCreditor, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Creditor may deem expedient. Any failure or delay on the part of the Senior Creditors Creditor in exercising any such right, remedy, 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 Creditor thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors or such holder 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 any every right, remedy, remedy and power granted to the Senior Creditors Lender hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein herein, in the Senior Loan Agreement and the other Senior Instruments or in the Senior Debt Documents Subordinated Loan or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsLender, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender may deem expedient. Any failure or delay on the part of the Senior Creditors Lender in exercising any such right, remedy, 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 Lender’s right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the Senior Lender’s 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 any every right, remedy, remedy and power granted to the Senior Creditors Lender or any holder of the Senior Debt hereunder shall be cumulative and in addition to any other rightrights, remedy, remedy or power specifically 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, Lender or any holder of Senior Debt from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender or such holder may deem expedient. Any failure or delay on the part of the Senior Creditors Lender or any holder of Senior Debt in exercising any such right, remedy, 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 Lender or such holder thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors Lender 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 any every right, remedy, remedy and power granted ----------------------------- to the Senior Creditors Lender hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents Credit Agreement or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsLender, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender may deem expedient. Any failure or delay on the part of the Senior Creditors Lender in exercising any such right, remedy, 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 Lender's right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the Senior Lender's 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 any every right, remedy, remedy and power granted to the Senior Creditors Lender hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein herein, in the Senior Loan Agreement and the other Senior Debt Documents or in the Senior Subordinated Debt Documents or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Senior CreditorsLender, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Lender may deem expedient. Any failure or delay on the part of the Senior Creditors Lender in exercising any such right, remedy, 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 Lender’s right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the Senior Lender’s 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 any every right, remedy, and power granted to the Senior Creditors hereunder shall be cumulative and in addition to any other rightrights, 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 any every right, remedy, remedy and power granted to the Agent, the Senior Creditors or the Junior Creditors hereunder shall be cumulative and in addition to any other rightrights, remedy, remedy or power specifically granted herein or in the Senior Debt Documents or the Junior Debt Documents, as applicable, or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by the Agent, Senior CreditorsCreditors or any Junior Creditor, as applicable, from time to time, concurrently or independently and as often and in such order as the Agent, the Senior Creditors or the Junior Creditors, as applicable, may deem expedient. Any failure or delay on the part of the Agent, Senior Creditors or any of the Junior Creditors, as applicable, in exercising any such right, remedy, 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 Agent, the Senior Creditors or Junior Creditors, as applicable, thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Agent, the Senior Creditors or such holder the Junior Creditors, as applicable, 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, remedy and ----------------------------- power granted to the Senior Creditors Agent or Lenders hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Credit Agreement 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 Senior CreditorsAgent or Lenders, from time to time, concurrently or independently and as often and in such order as the Senior Creditors Agent or Lenders may deem expedient. Any failure or delay on the part of the Senior Creditors Agent or Lenders in exercising any such right, remedy, 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 Agent or Lenders thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the rights of the Senior Creditors Agent or such holder Lenders 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, remedy and power granted to the Senior Creditors Creditor hereunder shall be cumulative and in addition to any other right, remedy, remedy or power specifically granted herein or herein, in the Senior Debt Documents to such Creditor or Permitted Refinancing Loan Documents now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by each Creditor, subject to the Senior Creditorsterms of this Agreement, from time to time, concurrently or independently and as often and in such order as the Senior Creditors such Creditor may deem expedient. Any failure or delay on the part of the Senior Creditors any Creditor in exercising any such right, remedy, 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 any other Creditors’ right thereafter to exercise the same, and any single or partial exercise of any such right, remedy, remedy or power shall not preclude any other or further exercise thereof or the exercise of any other right, remedy, remedy or power, and no such failure, delay, abandonment, abandonment or single or partial exercise of the such other Creditors’ 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.