Common use of Cumulative Rights, No Waivers Clause in Contracts

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. Subject to Section 10.03 hereof, each Each and every right, remedy and power granted to the Senior Agent, the other Senior Creditors or any Representative holder of any the Senior Debt hereunder shall be cumulative and in addition to any other rightrights, remedy or power specifically granted herein, herein or 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 the Senior Agent, the other Senior Creditors or any Representative holder 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 the Senior Agent, the other Senior Creditors or such any Representative or the holders of Senior Debt holder may deem expedient (subject to the limits provided in Section 10.03 hereof with respect to payment blockages)expedient. Any failure or delay on the part of the Senior Agent, the other Senior Creditors or any Representative of Senior Debt or the holders 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 the rights of the Senior Agent, the other Senior Creditors or such any Representative or the holders of Senior Debt 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 the rights of any Representative of the Senior Debt Agent, the other Senior Creditors or the holders of Senior Debt such holder 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 hereof10.15, each and every right, remedy and power granted to any the Representative for the Credit Agreement or the holders 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 Credit Agreement or now or hereafter existing in equity, at law, by virtue of statute or otherwise, and may be exercised by any the Representative of any Senior Debt for the Credit Agreement 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 10.04 with respect to payment blockages). Any failure or delay on the part of any the Representative of Senior Debt for the Credit Agreement 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 the Representative of Senior Debt for the Credit Agreement 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. Subject to Section 10.03 hereof, each Each and every right, remedy and power granted to any Representative of any Senior Debt Agent or Senior Creditors hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the related 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 any Representative of any Senior Debt Agent or the holders of any Senior DebtCreditors, from time to time, concurrently or independently and as often and in such order as such any Representative Senior Agent or the holders of Senior Debt Creditors may deem expedient (subject to the limits provided in Section 10.03 hereof with respect to payment blockages)expedient. Any failure or delay on the part of any Representative of Senior Debt Agent or the holders of Senior 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 the rights of such any Representative Senior Agent’s or the holders of Senior 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 the Senior Agent’s or Senior Creditors’ 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. Subject to Section 10.03 hereof, each Each and every right, remedy and power granted to any Representative of any Senior Debt hereunder Creditor or Subordinated Creditor hereunder, as applicable, shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the related Senior Debt 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 any Representative of any Senior Debt Creditor or the holders of any Senior DebtSubordinated Creditor, as applicable, from time to time, concurrently or independently and as often and in such order as such any Representative Senior Creditor or the holders of Senior Debt Subordinated Creditor, as applicable, may deem expedient (expedient; subject at all times to the limits provided in Section 10.03 hereof with respect to payment blockages)terms and conditions of this Agreement. Any failure or delay on the part of any Representative of Senior Debt Creditor or the holders of Senior Debt Subordinated Creditor, as applicable, 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 Person’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 such Person’s 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. Subject to Section 10.03 hereof, each Each and every right, remedy and power granted to the Senior Lender or any Representative holder of any the Senior Debt hereunder shall be cumulative and in addition to any other rightrights, remedy or power specifically granted herein, herein or 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 the Senior Lender or any Representative holder 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 the Senior Lender or such any Representative or the holders of Senior Debt holder may deem expedient (subject to the limits provided in Section 10.03 hereof with respect to payment blockages)expedient. Any failure or delay on the part of the Senior Lender or any Representative of Senior Debt or the holders 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 the rights of the Senior Lender or such any Representative or the holders of Senior Debt 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 the rights of any Representative of the Senior Debt Lender or the holders of Senior Debt such holder 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 Each and every right, remedy and power granted to any Representative of any Agent and the other Senior Debt Creditors hereunder shall be cumulative and in addition to any other right, remedy or power specifically granted herein, in the related Senior Debt 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 any Representative of any Senior Debt Agent or the holders of any other Senior DebtCreditors, as applicable, from time to time, concurrently or independently and as often and in such order as such any Representative Agent or the holders of other Senior Debt Creditors, as applicable, may deem expedient (subject to the limits provided in Section 10.03 hereof with respect to payment blockages)expedient. Any failure or delay on the part of Agent or any Representative of other Senior Debt or the holders of Senior Debt 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 such any Representative Agent’s or the holders of other Senior Debt 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 the Agent’s or other Senior Creditor’s 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. 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. Subject to Section 10.03 hereof, each Each and every right, remedy and power granted to the Senior Creditor or any Representative holder of any the Senior Debt hereunder shall be cumulative and in addition to any other rightrights, remedy or power specifically granted herein, herein or 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 the Senior Creditor or any Representative holder 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 the Senior Creditor or such any Representative or the holders of Senior Debt holder may deem expedient (subject to the limits provided in Section 10.03 hereof with respect to payment blockages)expedient. Any failure or delay on the part of any Representative of the Senior Debt Creditor or the holders 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 the rights of the Senior Creditor or such any Representative or the holders of Senior Debt 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 the rights of any Representative of the Senior Debt Creditor or the holders of Senior Debt such holder hereunder shall be deemed to establish a custom or course of dealing or performance among the parties hereto.