Common use of Cumulative Rights; Non Waiver Clause in Contracts

Cumulative Rights; Non Waiver. No delay or omission by ----------------------------- Administrative Agent or any Bank to exercise any right, power or remedy accruing upon any Default shall exhaust or impair any such right, power or remedy or shall be construed to be a waiver of any such Default, or acquiescence therein, and every right, power and remedy given by this Agreement to Administrative Agent or Banks may be exercised from time to time and as often as may be deemed expedient by Administrative Agent or any Bank. No consent or waiver, expressed or implied, by Administrative Agent or Banks to or of any Default shall be deemed or construed to be a consent or waiver to or of any other Default. No delay, indulgence, departure, act or omission by Administrative Agent or Banks or any holder of any of the Notes shall release, discharge, modify, change or otherwise affect the original liability under the Notes or any other obligation of Borrower, or any maker, surety or Guarantor, or preclude Administrative Agent or Banks from exercising any right, privilege or power granted herein or alter the security title, security interest or lien hereof. Administrative Agent or Banks may at any time, without notice to or further consent from Borrower, surrender or substitute any property or other security of any kind or nature whatsoever securing the Obligations or release any Guarantor, and no such action will release Borrower's obligations hereunder or alter the effect hereof. No right, power or remedy conferred upon or reserved to Administrative Agent or Banks hereunder is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or under the other Loan Documents or now or hereafter existing at law, in equity or by statute.

Cumulative Rights; Non Waiver. No delay or omission by Banks' Agent, ----------------------------- Administrative Agent Banks or any Bank Swing Lender to exercise any right, power or remedy accruing upon any Default shall exhaust or impair any such right, power or remedy or shall be construed to be a waiver of any such Default, or acquiescence therein, and every right, power and remedy given by this Agreement to Administrative Agent Banks' Agent, Banks or Banks Swing Lender may be exercised from time to time and as often as may be deemed expedient by Administrative Agent Banks' Agent, Banks or any BankSwing Lender. No consent or waiver, expressed or implied, by Administrative Agent Banks' Agent, Banks or Banks Swing Lender to or of any Default shall be deemed or construed to be a consent or waiver to or of any other Default. No delay, indulgence, departure, act or omission by Administrative Agent Banks' Agent, Banks or Banks Swing Lender or any holder of any of the Notes shall release, discharge, modify, change or otherwise affect the original liability under the Notes or any other obligation of BorrowerBorrowers, or any maker, surety or Guarantor, or preclude Administrative Agent Banks' Agent, Banks or Banks Swing Lender from exercising any right, privilege or power granted herein or alter the security title, security interest or lien hereof. Administrative Agent Banks' Agent, Banks or Banks Swing Lender may at any time, without notice to or further consent from BorrowerBorrowers, surrender or substitute any property or other security of any kind or nature whatsoever securing the Obligations or release any Guarantor, and no such action will release Borrower's Borrowers' obligations hereunder or alter the effect hereof. No right, power or remedy conferred upon or reserved to Administrative Agent Banks' Agent, Banks or Banks Swing Lender hereunder is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or under the other Loan Documents or now or hereafter existing at law, in equity or by statute.

Cumulative Rights; Non Waiver. No delay or omission by ----------------------------- Administrative Agent or ----------------------------- any Bank to exercise any right, power or remedy accruing upon any Default shall exhaust or impair any such right, power or remedy or shall be construed to be a waiver of any such Default, or acquiescence therein, and every right, power and remedy given by this Agreement to Administrative Agent or Banks may be exercised from time to time and as often as may be deemed expedient by Administrative Agent or any Bank. No consent or waiver, expressed or implied, by Administrative Agent or Banks to or of any Default shall be deemed or construed to be a consent or waiver to or of any other Default. No delay, indulgence, departure, act or omission by Administrative Agent or Banks or any holder of any of the Notes shall release, discharge, modify, change or otherwise affect the original liability under the Notes or any other obligation of Borrower, or any maker, surety or Guarantor, or preclude Administrative Agent or Banks from exercising any right, privilege or power granted herein or alter the security title, security interest or lien hereof. Administrative Agent or Banks may at any time, without notice to or further consent from Borrower, surrender or substitute any property or other security of any kind or nature whatsoever securing the Obligations or release any Guarantor, and no such action will release Borrower's obligations hereunder or alter the effect hereof. No right, power or remedy conferred upon or reserved to Administrative Agent or Banks hereunder is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or under the other Loan Documents or now or hereafter existing at law, in equity or by statute.

Cumulative Rights; Non Waiver. No delay or omission by Swing ----------------------------- Administrative Agent or any Bank to exercise any right, power or remedy accruing upon any Swing Line Default shall exhaust or impair any such right, power or remedy or shall be construed to be a waiver of any such Swing Line Default, or acquiescence therein, and every right, power and remedy given by this Agreement to Administrative Agent or Banks Swing Bank may be exercised from time to time and as often as may be deemed expedient by Administrative Agent or any Swing Bank. No consent or waiver, expressed or implied, by Administrative Agent or Banks Swing Bank to or of any Swing Line Default shall be deemed or construed to be a consent or waiver to or of any other Swing Line Default. No delay, indulgence, departure, act or omission by Administrative Agent or Banks Swing Bank or any holder of any of the Notes Swing Line Master Note shall release, discharge, modify, change or otherwise affect the original liability under the Notes Swing Line Master Note or any other obligation of Borrower, or any maker, surety or Guarantorguarantor, or preclude Administrative Agent Swing Bank or Banks such holder from exercising any right, privilege or power granted herein or alter the security title, security interest or lien hereof. Administrative Agent or Banks Swing Bank may at any time, without notice to or further consent from Borrower, surrender or substitute any property or other security of any kind or nature whatsoever securing the Swing Obligations or release any Guarantorguarantor, and no such action will release Borrower's obligations hereunder or alter the effect hereof. No right, power or remedy conferred upon or reserved to Administrative Agent or Banks Swing Bank hereunder is intended to be exclusive of any other right, power or remedy, but each and every such right, power and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy given hereunder or under the other Swing Loan Documents or now or hereafter existing at law, in equity or by statute.